Hercules Powder Co. v. Calcote

The Roundaway Company was desirous of having some stumps blasted on a farm operated by it, and on February 19,1929, an order was given to the Delta Hardware & Implement Company for two hundred fifty pounds dynamite, one hundred blasting caps, and two hundred feet safety fuse, the latter being described in the order as ‘ ‘ Clover Fuse. ’ ’ This order was thereupon placed with and filled by appellant, Hercules Powder Company, from its Memphis headquarters, the shipment being made direct to the Roundaway Company. The shipment when received, which was in due course of time, was stored in a cotton…