Lux v. Columbian Fruit Canning Co.

The opinion of the court was delivered by

Marshall, J.:

The plaintiff sued to recover damages sustained by the S. E. Lux, Jr., Mercantile Company on a carload of blackberries purchased by that company from the defendant. Judgment was rendered in favor of the defendant, and the plaintiff appeals.

In 1921, the S. E. Lux, Jr., Mercantile Company ordered a carload of solid pack water blackberries. They were shipped and received by the mercantile company, which unloaded them and attempted to sell them, but finally determined that the berries were .not equal to the samples on which they were purchased…