Champlin v. Church

The opinion of the court was delivered by

Mintuen, J.

The defendant delivered to the plaintiff, a grain merchant in the city of Newark, the following order: “Please have shipped to me at South Eiver, via N. J. Central Eailroad, one car, three mixed corn, price 57; Shipment, Hurry; Terms, Arrival draft; Eemarks: Western Official Certificate of weight and grade final.”

The plaintiff ordered the required corn from a concern at Toledo, Ohio, and it was delivered at South Eiver, where the defendant refused to accept it upon the ground that it was damaged by heating. The plaintiff having waited a…