James F. Waters, Inc. v. United States

Plaintiff admits that it was unable to furnish butter that would meet the specifications; that is, it could not furnish butter known to have been made from pasteurized milk and to have been subjected to the required heat treatments in the process of manufacture which would minimize the bacteria and insure the prolonged keeping quality of the product. It was unable to furnish butter subject to inspection at the creamery at time of manufacture. It contends that the specification requirement for creamery inspection was not of the essence of the agreement; that it was for the protection of the…