Business Law 4th Edition by David Twomey,Marianne Jennings

Exercise 5

James Jelinek purchased Hytest BMR Sorghum Sudan grass seed, which was produced and marketed by Land O'Lakes. Land O'Lakes warranted the seed to be free from defects and expressly warranted that by using normal farming practices and proper maintenance, Mr. Jelinek would obtain yields of 4 1/2 tons per acre. The seed resulted in reduced yields and an inferior quality crop. As a result, Mr. Jelinek was not able to sell his crop and had significant economic losses. Mr. Jelinek filed suit for breach of express warranty. Is the promise of a crop yield an express warranty? Explain your answer. [ Jelinek v. Land O ' Lakes, Inc. , 797 N.W.2d 289 (Neb. App.)]