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COOK SEED COMPANY v. WELKER

No. 42236.

181 N.W.2d 870 (1970)

COOK SEED COMPANY, Respondent, v. Keith WELKER, Appellant.

Supreme Court of Minnesota.

November 20, 1970.

Attorney(s) appearing for the Case

R. A. Bodger, Benson, for appellant.

Hulstrand, Langsjoen & Anderson, Willmar, for respondent.

Heard before KNUTSON, C. J., and NELSON, MURPHY, OTIS, and FRANK T. GALLAGHER, JJ.

OPINION

MURPHY, Justice.

Appeal from an order of the district court denying defendant's alternative motion for judgment notwithstanding the verdict or for a new trial. This is an action in the nature of breach of warranty in which plaintiff, Cook Seed Company, contends that defendant, Keith Welker, a grass seed harvester, sold and delivered to plaintiff an inferior grade of bluegrass seed. The jury found in favor of plaintiff for $9,250. The grounds upon...

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