Reference no: EM131658058

Question: Hall Farms, Inc., ordered 40 pounds of Prince Charles watermelon seed from Martin Rispens & Son, a seed dealer. Rispens had obtained the seed from Petoseed Company, Inc., a seed producer. The label on Petoseed's can stated that the seeds are "top quality seeds with high vitality, vigor and germination." Hall Farms germinated the seeds in a greenhouse, before transplanting the small watermelon plants to its fields. Although the plants had a few abnormalities, they grew rapidly. By mid-July, however, purple blotches had spread over most of the crop, and by the end of July the crop was ruined. It was later determined that the crop had been destroyed by "watermelon fruit blotch." Hall Farms' lost profits on the crop came to $180,000. Hall Farms sued Petoseed for, among other things, breach of express warranty. Petoseed moved for summary judgment, but the trial court denied the motion. Petoseed appealed. Was Petoseed entitled to summary judgment in its favor?