Agricultural Services Association

The controversy in these appeals arose out of the sale of 25,000 pounds of Clemson Spineless Okra Seed [C/S] okra seed*fn1 in September, 1967 by Ferry-Morse Seed Company, Inc. [F-M], a California corporation, to Agricultural Services Association, Inc. [ASA], a Tennessee cooperative. F-M had purchased the seed from Waldo Rohnert Company [W-R], a California corporation. Because the seed was not C/S okra seed but was defective seed and had been mislabeled, in violation of law, ASA filed a suit for damages against F-M and W-R.*fn2 F-M counterclaimed for indemnity against W-R.