Rhodes v. Libby, McNeill & Libby

This is an appeal by defendant from a judgment for damages in favor of plaintiff in an action for breach of contract for sale of food products manufactured by defendant and sold to plaintiff. The cause was tried by the court and a jury.

The defendant, upon a written order, sold to plaintiff two hundred and fifty barrels of “sweet relish,” a compound manufactured by defendant, to be used for a particular purpose as an ingredient of a sandwich spread manufactured and vended at wholesale and retail by plaintiff. The sale was made by sample, to be shipped commencing December, 1926, to December,…