Ross Milling Co. v. Giliberti

This suit is upon a contract resulting in loss suffered by plaintiff because of defendant’s rejection of a certain shipment of “Magnolia” flour, sold defendant by plaintiff’s agent at New Orleans, under a written contract there executed, said contract having been subsequently confirmed by the president of the corporation at Ottawa, Kansas. Defendant admits the contract and that he rejected the shipment, and avers as his sole defense that the flour was unfit for the manufacture of macaroni, the purpose for which it was purchased; that plaintiff’s agent at New Orleans knew the-" purpose for…