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ANDERSON v. THOMAS

No. 41,185

184 Kan. 240 (1959)

336 P.2d 821

L.E. ANDERSON, RULON ANDERSON and ELDON ANDERSON, a Co-partnership, doing business under the name and style of BEST SEED COMPANY, Appellees, v. MARVIN THOMAS, Appellant.

Supreme Court of Kansas.

Opinion filed March 7, 1959.

Attorney(s) appearing for the Case

Daniel R. Hopkins, of Garden City, argued the cause, and Ray H. Calihan, Logan N. Green and Ray H. Calihan, Jr., all of Garden City, were with him on the brief for appellant.

A.M. Fleming, of Garden City, argued the cause, and Bert J. Vance, of Garden City, and Charles H. Fleming, of Scott City, were with him on the brief for appellees.

The opinion of the court was delivered by

SCHROEDER, J.:

This is an action by plaintiffs, a co-partnership engaged in the seed and feed business, against a farmer to recover actual damages claimed for an alleged breach of an express warranty in a written contract for the sale of certified Westland milo seed grown by the farmer. The alleged breach is failure to deliver certified Westland milo seed with germinative qualities of at least 80%.

The underlying...

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