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FARMERS CO-OP. ELEVATOR CO. OF DOUGLAS v. DIEVERT

No. 38449.

346 P.2d 947 (1959)

FARMERS CO-OPERATIVE ELEVATOR COMPANY OF DOUGLAS, a Corporation, Plaintiff in Error, v. Albert DIEVERT, Defendant in Error.

Supreme Court of Oklahoma.

November 17, 1959.

Attorney(s) appearing for the Case

Crowley & Musser, Enid, for plaintiff in error.

Hugh Conway, W.E. Crowe, Enid, for defendant in error.

HALLEY, Justice.

Albert Dievert filed this action in the Superior Court of Garfield County against the Farmers Co-Operative Elevator Company, a corporation, to recover damages alleged to have been suffered by him from breach of warranty on the germination capacity of seed wheat sold him by defendant. He prayed for damages in the sum of $874.60. The jury returned a verdict for plaintiff in the sum of $244.33, and defendant...

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