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CLEMENTS FARMS, INC. v. BEN FISH & SON

No. 19047.

814 P.2d 917 (1991)

120 Idaho 185

CLEMENTS FARMS, INC., Plaintiff-Respondent, v. BEN FISH & SON, and Paul L. Dompe, Defendants-Appellants, and Shields of Idaho, Inc.; Reed Grain & Bean Co.; and John Does I through V, Defendants.

Supreme Court of Idaho, Caldwell March 1991 Term.

June 14, 1991.

Attorney(s) appearing for the Case

Gigray, Miller & Downen, Caldwell, for defendants-appellants. Donald E. Downen argued.

Eberle, Berlin, Kading, Turnbow & McKlveen, Boise, for plaintiff-respondent. Stephen A. Bradbury argued.

BAKES, Chief Justice.

Plaintiff respondent Clements Farms, Inc. (Clements) planted a crop of lima beans, with seeds which had been acquired from Shields Seed Company (Shields), a seed warehouse in Nampa, Idaho, who had purchased them from defendant appellant Ben Fish & Son (Ben Fish). The crop failed to mature before the growing season ended, and thereafter Clements brought this action against Shields and Ben Fish alleging breach of implied warranty of fitness...

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