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F. H. WOODRUFF & SONS v. BROWN

No. 16952.

256 F.2d 391 (1958)

F. H. WOODRUFF & SONS, Inc., Appellant and Appellee, v. C. P. BROWN, Appellee and Appellant. C. P. BROWN, Appellee and Appellant, v. F. H. WOODRUFF & SONS, Inc., Appellant and Appellee.

United States Court of Appeals Fifth Circuit.

Rehearing Denied July 9, 1958.

Attorney(s) appearing for the Case

Eugene T. Edwards, El Paso, Tex., for appellant.

Ellis O. Mayfield, El Paso, Tex., for appellee.

Before RIVES, BROWN and WISDOM, Circuit Judges.

WISDOM, Circuit Judge.

C. P. Brown, a farmer, sued F. H. Woodruff & Sons, in the seed business, to recover damages for fraud. Brown claimed that on the misrepresentation of the defendant that it grew sweet Spanish onion seed he was induced to purchase 100 pounds of the seed. The onion seed turned out to be the Texas Grano variety, unsuitable for January planting, when Brown planted it.

The district court overruled Woodruff's motion for a directed verdict...

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