Wind v. England Walton & Co.

ANDERSON, Circuit Judge.

In July, 1919, the defendant sold to the plaintiff 52,295 pounds of Junaluska oak bellies at 38 cents per pound — an aggregate of $19,872.10. The bellies were delivered and fully paid for. It was apparently a closed transaction of goods sold, delivered, and paid for. Months later, after experience in trying to market the goods, plaintiff claimed that in quality they were not conformable to the contract of sale, and demanded that defendant take them back and rescind the bargain, except as to the 1,123 pounds which he had distributed during his selling attempts. After…