FARMERS CO-OPERATIVE ELEVATOR CO. v. ANDERSON

No. 38252.

335 P.2d 915 (1959)

FARMERS CO-OPERATIVE ELEVATOR COMPANY OF DOUGLAS, A Corporation, Plaintiff in Error, v. B.D. ANDERSON, Defendant in Error.

Supreme Court of Oklahoma.

February 17, 1959.


Attorney(s) appearing for the Case

Crowley & Musser, Enid, for plaintiff in error.

Hugh Conway, W.E. Crowe, Enid, for defendant in error.


BLACKBIRD, Justice.

This appeal involves an action instituted by defendant in error, hereinafter referred to as plaintiff, against plaintiff in error, hereinafter referred to as defendant, to recover damages for defendant's alleged breach of an express warranty on 107 bushels of wheat plaintiff purchased from defendant. It was plaintiff's theory that he purchased the wheat to plant, or as "seed wheat" of the variety known...

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