Miner-Hillard Milling Co. v. Rosato

Opinion by

Henderson, J.,

The plaintiff is a corporation engaged in the sale of grain, stock feed, flour, etc. It sold to the defendant from time to time merchandise of different kinds. In an action brought to recover the price an affidavit of defense was filed wherein it was averred “that of the goods and merchandise delivered to me by the plaintiff between the dates of the fourth day of August and the seventeenth day of September, 1915, as set forth in plaintiff’s statement, a large quantity thereof was wet, moldy, decayed, damaged, spoiled and of no value to me at the time that the same was…