Phipps v. Consolidated Flour Mills Co.

The opinion of the court was delivered by

Mason, J.:

Ferd Phipps, of Corning, Ark., ordered from the Consolidated Flour Mills Company, of Hutchinson, 125 barrels of Gilt Edge flour, of which it was the manufacturer. The flour was shipped to Phipps, who made an examination of it before taking up the bill of lading, to which a draft for the price was attached. He wired the company that the flour was musty and unfit for food. The company replied saying that if conditions were as stated satisfactory settlement would be made. He then paid for the flour. No settlement of the matter was reached and he…