Barron Co. v. Fox & Co.

Opinion by

Henderson, J.,

The defendant ordered from the plaintiff a carload of “Choice Mississippi wrapped tomatoes.” The car containing ten hundred and seventy-one crates, at $1.10 per crate, f. o. b., arrived at Pittsburgh, June 13, 1921. After the merchandise was examined, the defendant telegraphed the same day to the plaintiff: “Car tomatoes 54579 arrived; very disappointed with quality and condition. Advise immediate disposition or protection in order to protect your papers.” On the same day the plaintiff replied to the telegram as follows: “54579 sold you f. o. b. Crystal Springs, choice…