Order unanimously modified on the law and as modified affirmed without costs in accordance with the following Memorandum: Plaintiff, Walter B. Scott, doing business as Scottseed, a commercial seed producer, commenced this action seeking to recover the cost of onion seed he sold to defendant, an onion farmer. Defendant asserted a counterclaim seeking damages including lost profits for the alleged failure of the onion seed to produce a marketable crop. The contract between...
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