Superior Court of Imperial County

Procedural Posture

Defendant seller appealed from the decision of the Superior Court of Imperial County (California), which found in favor of plaintiff buyer in his action against the seller to recover damages for alleged breach of contracts of warranty to furnish "Sonora seed wheat."

Overview: caci assault

The buyer applied to the seller's agent to buy "Sonora" wheat to be used as seed. The agent represented that the wheat that he sold was that type of wheat. Neither the farmer nor his assignors had sufficient knowledge of Sonora wheat to distinguish it from other wheat with any degree of certainty. The buyer purchased and planted the wheat. When it began to "head," he discovered that it was club wheat, an inferior version. The buyer sued the seller to recover damages for alleged breach of contracts of warranty to furnish Sonora seed wheat. The trial court found for the buyer and the seller appealed. The court affirmed and held that there could be no doubt that the seller's agent and the buyers all understood that the seed sold was to be Sonora wheat, and that if this was true, it would have been immaterial that no warranty was made as to the quantity to be produced. The court found that the evidence amply sustained the court's findings to the effect that the seller delivered to the buyer and his assignors seed wheat, representing and warranting that it was Sonora wheat, and that the buyer and the other purchasers accepted the same, relying upon such representations and warranties.

Outcome

The court affirmed the decision of the lower court.