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MILLER v. KLINDWORTH

No. 7762.

98 N.W.2d 109 (1959)

Josephine MILLER, Harrison Garnet Miller, and John Albert Miller, each individually and as co-partners doing business under the partnership name and style of Miller Farms, Plaintiffs and Respondents, v. Otto KLINDWORTH, individually, and doing business as Klindworth Seed and Supply Company, and John Landowski, Defendants and Appellants.

Supreme Court of North Dakota.

Rehearing Denied August 31, 1959.

Attorney(s) appearing for the Case

T. A. Roney, Carrington, Duffy & Haugland, Devils Lake, Dorsey, Owen, Scott, Barber & Marquart, Minneapolis, Minn., of counsel, for appellants.

Nilles, Oehlert & Nilles, Fargo, for respondents.

BURKE, Judge.

This is an action for damages alleged to have resulted from a sale of mislabeled seed wheat. In their complaint the plaintiffs alleged that they entered into a written contract with the defendants for the purchase of 200 bushels of Selkirk seed wheat; that pursuant to such contract the defendants delivered to them 200 bushels of wheat in sacks which were labeled "Selkirk"; that Selkirk wheat is a rust resistant variety of wheat; that plaintiffs planted...

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