Question
James Jelinek, Kenneth Jelinek, James Jelinek as personal representative of the estate of Edward Jelinek, and Kirk Keder (collectively the Appellees) purchased 11sorghum sudangrass seed
James Jelinek, Kenneth Jelinek, James Jelinek as personal representative of the estate of Edward Jelinek, and Kirk Keder (collectively the Appellees) purchased 11sorghum sudangrass" seed from a dealer, D and S Hansen Farms, Inc. (Hansen Farms). The seed was produced and marketed by Land O'Lakes, Inc., business as Hytest Seeds (Hytest). James met with Hansen the first week of April 2002 to discuss the Hytest seed. Hansen showed James the Hytest brochure and discussed with him the portion which reads in part as follows: HT311 BMR PPS-SS is another forage breakthrough from [Hytest] offering the dual benefits of the Brown MidRibbed trait and Photo-Sensitive gene. This Double Stacked sorghum-sudan hybrid provides all the benefits of BMR, including exceptional yield potential, significant increase in palatability and forage fiber digestibility over normal sorghum-sudan .... Highest yield and quality have been obtained on a 65 to 70 day first cut schedule. Exceptional yield potential and high-quality forage Extended window of harvest More PROFIT$$$ per acre return The second page of the brochure contains a chart, based upon 1999 Texas Research Data," showing yield comparisons between the Hytest seed and other varieties. The second page of the brochure mentions the seed's [l]ow water requirement'' and good drought stress tolerance," and again references its [e]xceptional high yield potential." The Jelineks brought suit against Hansen Farms and Land OLakes claiming the seed did not product the warranted yield. [James Jelinek, et al. v. Land O'Lakes, Inc., Doing Business as Hytest Seeds, 797 N.W.2d 289, Nebraska Court of Appeals (2011)] Do you believe the information provided by Hansen Farms was a guarantee? Explain. What advice would you give Hansen Farms to reduce the potential of creating a warranty/guarantee?
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