Consolidated Flour Mills Co. v. DiMarco

Consolidated Flour Mills Company claims «of Joe DiMarco $742.75 on account of an alleged breach or contract on part of defendant in buying from plaintiff two carloads of flour of the Lucky Leven brand.

The defendant refused to take the flour, claiming that it was not fit for maxing bread, stating in a telegram bearing date March 19, 1S30: “Flour not as represented, unable to dispose of same to trade. Will refuse to accept any additional flour.”,In a reply telegram dated March 20, 1930, plaintiff states that Lucky Leven flour was up to standard in every way. The telegram makes a number of other…