Lyons Milling Co. v. Cusimano

This suit is to recover a loss alleged to have been suffered by the plaintiff’s having to sell on the open market a carload of flour shipped to-the defendant and rejected by him on the ground that it was not what he had ordered. The civil district court rejected the plaintiff’s demand. The court of appeal reversed the judgment, and gave the plaintiff judgment for the amount sued for. The case is before .us on a writ of review.

The only question is whether the defendant’s refusal to accept the shipment was justified by the fact that the flour was the product of a mill in Hudson, Kan., instead…