Milprint, Inc., a Corporation v. Donaldson Chocolate Company, a Corporation

SANBORN, Circuit Judge.

This is an appeal from a judgment for the plaintiff (appellee), a Missouri corporation which makes candy bars, in an action brought by it against the defendant (appellant) for the alleged breach of an implied warranty. The defendant is a Delaware corporation which makes a grease-proof paper, known as “glas-sine”, for the wrapping of candy bars.

In its complaint the plaintiff alleged, in substance, that in December, 1950, and from time to time thereafter it purchased candy-bar wrappers from the defendant at a total price of $12,913.62, which wrappers the defendant knew…