Gay, Sullivan & Co. v. Glaser, Crandell Co.

KERNER, Circuit Tudge.

Plaintiff sued the defendant to recover tbe Purchase price of 1,800 bags of sugar Pulchas_e<i on sample for use in making graPe jam- Defendant pleaded that the fugar was according to sample, that ^ contalrjed iron scale and was unfit for consumption; and that it was entitled to a counterclaim in excess of the purchase price of $7,662. The verdict for plaintiff was $6,535. The court entered judgment for that amount, and defendant appealed.

*150Upon defendant’s request, plaintiff submitted samples of Southern Crystal sugar, and, being assured that the shipment would be as good…