New York Supreme Court January 15, 1920 (Woodworth v. Rice Bros.)

Wheeler, J.

This action is for a breach of an alleged warranty in the sale of some 1,150 peach trees. The plaintiff is a farmer and fruit grower, the defendant the grower of nursery stock. In December, 1908, an agent of defendant sold the plaintiff 750 peach trees of the variety known as “ Elbertas ” and 400 of the variety known as “ Willetts.