Wood Co. v. Pennington Grocery Co.

TEEHEE, C.

This is the second appeal in this case. The first appeal is reported as Pennington Grocery Co. v. Wood & Co., 97 Okla. 220, 223 Pac. 368, where a full statement of th'e controversy appears, and need not here be reiterated except in so far as that may serve clarity. As there stated, “the action calls for damages in the sum of $515.03, and interest at six per cent, from January 1, 1918, for breach of implied warranty of .fitness and soundness of a carload of potatoes.”

In the instant appeal the parties appear in the reverse of their respective trial positions. Our further reference to…