Nelson v. Intermountain Farmers' Equity

• Citation: 211 P. 550,36 Idaho 518
• Court: Idaho Supreme Court
• Decision Date: 29 December 1922
• Parties: THOS. NELSON, Respondent, v. INTERMOUNTAIN FARMERS' EQUITY, a Corporation, Appellant

211 P. 550

36 Idaho 518

THOS. NELSON, Respondent, v. INTERMOUNTAIN FARMERS' EQUITY, a Corporation, Appellant

Supreme Court of Idaho

December 29, 1922

REVERSAL FOR LACK OF EVIDENCE TO SUPPORT VERDICT.

Held that the evidence in this case is insufficient to justify the verdict.

APPEAL from the District Court of the Sixth Judicial District, for Bingham County. Hon. F. J. Cowen, Judge.

Action for breach of warranty. Judgment for plaintiff. Reversed.

New trial granted. Judgment and the order denying a new trial reversed. Costs to appellant.

Budge &amp Merrill, for Appellant.

J. M Stevens and T. S. Becker, for Respondent.

Counsel cite no authorities on point decided.

DUNN J. McCarthy and Lee, JJ., concur. Budge, J., took no part.

OPINION

DUNN, J.

This action was brought by respondent for damages for breach of warranty of certain seed wheat sold by appellant to respondent. The complaint alleges in substance that respondent bought from appellant five thousand pounds of seed wheat which appellant warranted to be Blue Stem spring wheat, true to name and pure and free of other varieties, noxious weeds and foreign matter; that respondent at the time of the purchase of said seed had no means of knowing or determining whether or not such representations were true and that he believed and relied upon the warranty given by appellant; that respondent sowed said wheat in ground that had been properly prepared for planting; that said seed was planted, irrigated and cared for in a farmer-like manner; that said wheat was in fact not Blue Stem spring wheat but was fall wheat of mixed varieties; that owing to the failure of appellant to furnish respondent Blue Stem spring wheat as provided for in the agreement respondent's crop was a failure and in consequence the 50 acres of land sown by respondent with the wheat purchased from appellant produced not to exceed 125 bushels of mixed wheat of inferior quality, to the damage of respondent in the sum of $ 2,400.

A similar action was brought by J. C. Nelson against appellant for breach of warranty and the facts set out are practically identical with those in this case.

The two cases were tried together and verdict returned against appellant. From the judgment entered thereon and from the order denying a new trial appeal was taken.

Appellant assigns a number of errors, but it will be necessary to deal only with the assignment that there is no competent...