Interstate Folding Box Co. v. Hodge Chile Co.

RUDDY, Judge.

Plaintiff in this action seeks payment of an unpaid balance due it for certain frozen food cartons manufactured and shipped to defendant pursuant to an order placed with plaintiff by defendant. Defendant in its answer and counter-claim alleges the breach of an implied warranty of fitness for use and failure of plaintiff to ship cartons that were “up to the plaintiff’s sample specifications that had been tested” by defendant. In a trial without a jury the Circuit Court of the City of St. Louis found in favor of plaintiff on its petition and against defendant on its counter-claim…