Asgrow Seed Company v. J. R. Gulick Et Al‪.‬

This suit was instituted by appellant, Asgrow Seed Company, (plaintiff and cross-defendant in the trial court) against J. R. Gulick and Roy Gulick (defendants and cross-plaintiffs in the trial court) for the purchase price of six pounds of okra seed, 900 pounds of Double T hybrid sorghum seed, and 5,400 pounds of AMAK R-12 hybrid sorghum seed, together with interest and attorneys fees. Appellees answered such suit by a general denial and counterclaim, averring that the AMAK R-12 seed was purchased upon an oral contract, and it was warranted and represented to be hybrid sorghum AMAK R-12 seed, fit and proper to be sown, and in all respects first-class and true to name, and would out-produce all other grain on the market, producing approximately 7,000 pounds per acre; that said seed was planted on 767 acres of land, and when the grain grown from that seed began maturing, appellees discovered that it was not of the hybrid sorghum AMAK R-12 variety as purchased and warranted, but was other varieties, having white heads, small immature seeds, and/or loose non-compact ragged heads, and that by reason thereof appellees obtained only about 1600 pounds of grain per acre, whereas they should have obtained approximately 7,000 pounds per acre, to their damage in the sum of $71,238.96. Appellant denied that such seed was purchased upon an oral contract, and alleged that it was purchased simultaneously with the okra and Double T sorghum seed, pursuant to a written contract, which written contract contained certain limited warranty provisions, and further that if appellees suffered any diminished yield in the crop it was proximately caused by their own negligence and factors other than those complained of by appellees.