No. 7754.

321 S.W.2d 520 (1959)

Jim BLACKBURN, Plaintiff-Appellant, v. CARLSON SEED COMPANY, a Missouri corporation, Defendant-Respondent.

Springfield Court of Appeals, Missouri.

February 26, 1959.

Attorney(s) appearing for the Case

John D. Kelly, Seneca, for plaintiff-appellant.

Emerson Foulke, Joplin, for defendant-respondent.

RUARK, Judge.

But when the blade was sprung up, and brought forth fruit, then appeared the tares also.

Matthew 13:26

In this case the plaintiff, a farmer, purchased of the defendant, a seed merchant, 35 pounds of "sargo" seed. But as the blades matured the whole crop was revealed to be tares in the form of milo maize.

The plaintiff was not familiar with sargo seed and was innocent in planting the milo which defendant's agent had handed him...

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