Appellant seed seller sought review of a decision of the Superior Court of San Diego (California), which refused to instruct the jury in the manner requested by appellant in the successful breach of contract action brought by respondent seed buyer. Appellant had requested the superior court instruct the jury that if there was a general custom of nonwarranty on the part of seed sellers, then respondent was bound thereby.
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Overview
Respondent seed buyer ordered a certain type of celery seed from appellant seed seller by letter. Appellant delivered the wrong type of seed to respondent. Respondent then brought a breach of contract action versus appellant in the lower court to recover for damages associated with raising the wrong type of celery. The jury returned a verdict in respondent’s favor. Appellant sought review of the lower court’s refusal to instruct the jury that if there was a general custom of nonwarranty on the part of seed sellers, respondent was bound thereby. The court reversed the lower court’s judgment. The court held that the lower court erred in refusing appellant’s proposed instructions, as there was testimony that supported the conclusion that there was a general custom of nonwarranty on the part of seed sellers; and that general custom or usage was required to have been considered in determining the parties’ contractual intent.
Outcome
The court reversed the judgment in favor of respondent seed buyer. The court held that the lower court erred in refusing appellant seed seller’s proposed jury instructions related to the general custom of nonwarranty on the part of seed sellers, as there was testimony in support of such a general custom of nonwarranty and that general custom or usage was required to have been considered in determining the parties’ contractual intent.
