New York Supreme Court July 26, 1895 (Fanning v. International Seed Co.)

PRATT, J.

The defendant’s points state that plaintiff in his complaint attempted to set out a cause of action upon a contract wherein the defendant agreed to furnish to the plainiff a new variety of potatoes for seed, that should be superior in quality, enormous yielders, unmixed, and that would be in great demand for seed in the year 1893, which contract defendant failed to perform.