HAGERT v. HATTON COMMODITIES, INC.

Civ. No. 10455.

350 N.W.2d 591 (1984)

Curtis HAGERT, Sr., Curtis Hagert, Jr., and David Hagert, all d/b/a Hagert Farms, Plaintiffs and Appellees, v. HATTON COMMODITIES, INC., Defendant, Third-Party Plaintiff, Appellee and Cross-Appellant v. POWELL BEAN GROWERS ASSOCIATION, Third-Party Defendant, Appellant and Cross-Appellee, and Greeley Trading Company, Third-Party Defendant and Appellee.

Supreme Court of North Dakota.

May 31, 1984.


Attorney(s) appearing for the Case

McConn, Fisher & Thune, Grand Forks, for plaintiffs and appellees; argued by Patrick W. Fisher, Grand Forks.

Peterson & Associates, Fargo, for defendant, third-party plaintiff, appellee and cross-appellant; argued by James Patrick Barone, Fargo.

Degnan, McElroy, Lamb, Camrud, Maddock & Olson, Grand Forks, for third-party defendant, appellant and cross-appellee; argued by James L. Lamb, Grand Forks; appearance by Marjorie M. Young, Grand Forks.

Vaaler, Gillig, Warcup, Woutat, Zimney & Foster, Grand Forks, for third-party defendant and appellee; argued by Paul G. Woutat, Grand Forks.


PEDERSON, Justice.

This is an appeal by Powell from a judgment based upon a jury verdict in a case involving defective seed. Powell also appealed from the order denying a motion for judgment notwithstanding the verdict (Rule 50(b), NDRCivP) or, in the alternative, for a new trial (Rule 59, NDRCivP). We reverse and remand for a new trial.

Hagert Farms purchased certified Wyoming 166 pinto bean seed from Hatton Commodities and planted them in two plots irrigated...

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