Question: The Jacob Hartz Seed Company Inc Hartz bought soybeans for
The Jacob Hartz Seed Company, Inc. (Hartz), bought soybeans for use as seed from E. R. Coleman. Coleman certified that the seed had an 80 percent germination rate. Hartz paid for the beans and picked them up from a warehouse in Card, Arkansas. After the seed was transported to Georgia, a sample was submitted for testing to the Georgia Department of Agriculture. When the department reported a germination level of only 67 percent, Coleman requested that the seed be retested. The second set of tests reported a germination rate of 65 percent. Hartz canceled the contract after the second test, and Coleman reclaimed the seed. Hartz sought a refund of the money it had paid for the seed, claiming that the soybeans were nonconforming goods. Who wins? Jacob Hartz Seed Co. v. Coleman, 271 Ark. 756, 612 S. W. 2d 91, 1981 Ark. Lexis 1153 (Supreme Court of Arkansas)
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