Plant Flour Mills Co. v. Barag

Opinion by

Keller, J.,

This is an action on a trade acceptance for $1,587.50, given for flour sold by plaintiff to defendant.

Defendant, by way of defense to the whole of plaintiff’s claim, set up the breach of an alleged implied warranty of quality, to wit, that the defendant had ordered “good” flour, which, it was alleged, meant in the trade, flour containing eleven and one-half per cent of proteins and having a high gluten content, whereas, the affidavit of defense averred, the flour shipped “contained protein and gluten in a considerably less amount,” without stating, however, the quantity…