Clifford v. Stewart

Lees, C.

On September 24, 1920, plaintiff, a merchant at Barry, Minnesota, purchased a carload of flour from the defendant, a miller at Morris, Minnesota. Defendant operated two mills, one at Morris and the other at Mott, North Dakota. To fill the order, he shipped 400 98-pound sacks of flour, which plaintiff accepted and for which he paid $2,490. The sacks were labeled as follows: “Mott City Mills, Family Patent Flour, Mott, North Dakota.” The flour they contained was manufactured at the mill at Morris from wheat grown in that vicinity. After receiving the flour, plaintiff proceeded to sell…