Greer v. Davis Mercantile Co.

The opinion of the court was delivered by

Smith, J.:

The appellant company through a broker in Kansas City ordered a carload, consisting of 850 cases, of standard tomatoes from the appellees, a co-partnership doing business at Marshfield, Mo. The shipment was made and reached Topeka in bad condition ; a large percentage of the cans were rusty, swelled or leaking and therefore unmerchantable. The appel*687lant promptly rejected the car and notified the brokers,, who in turn notified the appellees. Two members of the firm, Messrs. Greer and McKnight, came to Topeka and with a member of the appellant…