Seattle Seed Co. v. Fujimori

Citations

• 79 Wash. 123
• 139 P. 866
• 1914 Wash. LEXIS 1153

Syllabus

<p>Sales — Collateral Agreement — Conditions—Refusal to Warrant. Where, on October 27, a seed company orally agreed to furnish Alaska early pea seed, and on November 8, the parties came together and entered into written contract for the sale of 7,150 lbs. of peas, containing the terms of sale, but without mentioning the kind or quality, the writing must be taken as the contract of sale; especially where, in each sack was placed a card, stating that the seed1 company gives no warranty express or implied as to description or quality, and requiring a return of the seed if not accepted on that condition, and it appears that it was the general custom in the seed trade to make all sales subject to such condition; hence the sale was made without warranty or condition that the seed was true to name, and none could be inferred.</p>