Court of Appeals of Kentucky October 29, 1909 (Doyle v. Offutt)

Opinion of the Court by

Judge Carroll

Reversing.

The appellants are seed -warehousemen, and in July, 1907, the appellee Doyle stored in their warehouse some 600 bushels of wheat. In the. fall of the same year the appellee sold this wheat to a number of farmers, who wanted it for seeding purposes. The farmers to whom the wheat was sold sowed it, and it failed to germinate.