H. H. King Flour Mills Co. v. Bay City Baking Co.

Plaintiff, a Minnesota corporation, man ufacturer of flour at Faribault in that State, sold defendant, engaged in the baking and selling of bread and kindred products in Bay City, Michigan, 2,000 barrels of its Fairybow brand of flour, of which the defendant received and paid for 250 barrels and refused the balance. The contract of sale was in writing and will be hereinafter referred to in such particulars as may be necessary for the disposition of the case.

At the close of the proofs both parties requested verdict and formally in open court waived the right to submit any question to the jury.…