ESTATE OF JONES v. PLANTERS GRAIN & SEED CO.

No. 14693.

723 S.W.2d 91 (1987)

ESTATE OF Langdon R. JONES, II, Bankrupt, William H. Frye, Trustee, Plaintiff-Appellant, v. PLANTERS GRAIN AND SEED CO., Defendant-Respondent.

Missouri Court of Appeals, Southern District, Division One.

January 20, 1987.


Attorney(s) appearing for the Case

W.H. Winchester, III, Drumm & Winchester, Sikeston, for plaintiff-appellant.

John M. Beaton, Welman, Beaton, Williams & McVey, Kennett, for defendant-respondent.


GREENE, Presiding Judge.

Plaintiff, William H. Frye, Trustee of the Estate of Langdon R. Jones, II, Bankrupt, appeals from a circuit court order sustaining a motion for summary judgment in favor of defendant, Planters Grain and Seed Company (Planters).

The facts are not in dispute. In June of 1980, Jones purchased a quantity of soybean seed from Planters. After planting, the seed failed to germinate, which fact was known to Jones before July 10, 1980, when...

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