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ZICARI v. HARRIS CO.

33 A.D.2d 17 (1969)

Frank Zicari, Doing Business as J. Zicari Produce Co., et al., Appellants, v. Joseph Harris Co., Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

October 30, 1969.

Attorney(s) appearing for the Case

Saperston, Wiltse, Duke, Day & Wilson (Lawrence J. Gallick of counsel), for appellants.

Harris, Beach, Keating, Wilcox, Dale & Linowitz (Edward R. Macomber of counsel), for respondent.

GABRIELLI, MOULE, BASTOW and HENRY, JJ., concur.

MARSH, J. P.

Plaintiff Zicari in his complaint alleges that he bought some cabbage seed known as 255 Danish Ballhead Harris Special Strain from defendant Joseph Harris Co., Inc., located at Moreton Farm, Rochester, New York. He used the seed to plant about 70 acres of his farm land. When the 1966 cabbage crop grown from this seed matured it was found the cabbage plants were worthless, being diseased with a fungus...

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