Hughes v. Funston & Smith

The petition in this case is as follows. “Plaintiff complains of defendants, and avers that on or about the 27th day of April, 1866, defendants verbally bargained and sold to plaintiff. 136 barrels of flour, as and for' extra Cedar Kapids flour, at the agreed price of $7,75 a barrel, and plaintiff then paid *258defendants $1,000, in part of the purchase-money therefor ; that prior to, and at the time of said sale, defendants represented and stated to plaintiff that £aid flour was good, sound,.merchantable, extra flour; and the same being on board the cars, at Dunleith, in the State of Illinois,…