Reichel v. Standard Rice Co.

The plaintiff’s assignor, located at Newark, N. J., sold to the defendant, a corporation located at Houston, Tex., a quantity of rice bags. The sale was by sample. The order of the buyer which was accepted by the seller read as follows: “ Beplying accept sixty thousand twelve ounce rice pockets all to be bright clean free from holes, mends or patches at sixty seven dollars per thousand delivered Houston payment after receipt and examination.”

The bags were shipped and when they reached the buyer’s place of business it examined a part of them and then wrote the seller that they were not…