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B & B FARMS, INC. v. MATLOCK'S FRUIT FARMS, INC.

No. 38784.

73 Wn.2d 146 (1968)

437 P.2d 178

B. & B. FARMS, INC., Appellant, v. MATLOCK'S FRUIT FARMS, INC., Respondent

The Supreme Court of Washington, Department One.

February 8, 1968.

Attorney(s) appearing for the Case

Stouffer, Brown & Knight, by W.L. Brown, Jr., for appellant.

Wallace B. Hager (of Hager & Young), for respondent.

ROSELLINI, J.

The trial court in this action found that the plaintiffs, through an agent, purchased raspberry plants from the defendant which were labeled Willamette, but which proved to be Puyallup berries, and that the plaintiff was damaged as a result. The difference in variety was a material matter, although the two varieties do not differ greatly in appearance or quality. The difference lies in their susceptibility to mildew, which attacks the Puyallup variety...

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