Who will prevail in given condition and why

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Reference no: EM131386639

Green Seed Company packaged, labeled, and marketed a quality tomato seed known as ‘‘Green's Pink Shipper'' for commercial sale. Brown Seed Store, a retailer, purchased the seed from Green Seed and then sold it to Guy Jones, an individual engaged in the business of growing tomato seedlings for sale to commercial tomato growers.

Williams purchased the seedlings from Jones and then transplanted and raised them in accordance with accepted farming methods.

The plants, however, produced not the promised ‘‘Pink Shipper'' tomatoes but an inferior variety that spoiled in the field. Williams then brought an action against Green Seed for $90,000, claiming that his crop damage had been caused by Green Seed's breach of an express warranty.

Green Seed argued in defense that its warranty did not extend to remote purchasers and that the company did not receive notice of the claimed breach of warranty. Who will prevail? Why?

Reference no: EM131386639

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