Mullis and Speight Seed got into contract in which Mullis bought seed from them. During their phone call, a warranty was not discussed only price and variety. The seed can which was opened by Mullis states that Speight promises no extra warranties whether that be written, oral, or made any other way. The seed can also states that liability is subject only to the purchase price. He made a second purchase from the company in which warranties were not discussed again. After planting the seed only 15% of the seed germinated. Mullis sued Speight for economic damages exceeding $15,000 which represents the cost of economic loss. The problem is that the warranty on the can states that they are only required to reimburse seed costs. The court decided that  Speights warranty was unconstitutional since Speight has the resources to test the seed but did not. The farmer does not have the ability to test the seed and makes other purchases for the crop that become a loss once the seed does not germinate.