Reed v. Rea-Patterson Milling Co.

Appellee sued appellants in one count of tlie complaint on open account in the sum of $847.88, and in another count on a promissory nóte in the sum of $1,276.85, for flour sold and delivered by it to them. Appellants do not dispute the amount of the indebtedness, but defend on the ground, first, that the last car of flour bought was damaged, unfit for use and was not of the quality expressly warranted by appellee, with the result that a part of the flour remained unsold and unsalable, and a part .was returned by their customers, a total of less than fifty sacks of forty-eight pounds, worth,…