SERIAN BROTHERS, INC. v. AGRI-SUN NURSERY

Docket No. F017923.

25 Cal.App.4th 306 (1994)

30 Cal. Rptr. 382

SERIAN BROTHERS, INC., Plaintiff and Appellant, v. AGRI-SUN NURSERY et al., Defendants and Respondents.

Court of Appeals of California, Fifth District.

May 26, 1994.


Attorney(s) appearing for the Case

COUNSEL

Parichan, Renberg, Crossman & Harvey, Brent D. Boger, Peter S. Bradley and Richard C. Crossman for Plaintiff and Appellant.

Akana & DeLoache, Velvet A. Chang Hee, Michael P. Akana and Charles M. Banett for Defendants and Respondents.


OPINION

ARDAIZ, Acting P.J.

A commercial grower purchases young peach trees from a nursery and plants them. The trees eventually exhibit symptoms of a disease and are determined to be diseased. The grower sues the nursery. He contends that the trees were already diseased when he purchased them, and that they were not healthy trees as warranted by the seller. If the grower can prove that the trees were diseased when purchased, how...

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