Procedural Posture

Defendant supplier sought review of the judgment of the Superior Court of Ventura County (California), which awarded to plaintiff purchaser damages for the breach of warranty as to type or variety of two lots of lima beans.

Overview: government code 1090

The purchaser bought from the supplier seeds for two varieties of bush lima beans. After the seeds had begun to sprout, the purchaser discovered that the plants were ordinary lima beans. As a result of the poor crop, the purchaser brought suit, alleging that the supplier breached the warranty as to type or variety. The trial court found that knowing the poor growth habit of ordinary lima beans, the supplier sold the purchaser the bush lima beans and warranted the seeds to be the designated variety. On appeal, the court affirmed the judgment, holding that the trial court properly fixed the measure of damages as the difference in the value of the crop actually produced and that which would have been produced had the supplier complied with the warranty. The court also held that the trial court did not err in finding that the supplier guaranteed the type of seed sold. Because the purchaser ordered the variety of bush beans by name, a warranty of the identity of the variety or kind arose. The court found that the disclaimer of warranty printed on the supplier's stationery did not alter the parties' agreement because both parties did not agree to the purported subsequent modification.

Outcome

The court affirmed the judgment in favor of the purchaser in its breach of warranty action against the supplier.