Vahlsing v. H. Rothstein & Sons

Opinion by

Keller, J.,

This action of assumpsit arose out of the sale of three cars of carrots by defendants to plaintiff. The sale was made through J. B. White, a broker. The plaintiff paid for the first two cars, before he discovered that they were not U. S. No. 1 grade, as they had been represented to him by White. He sold them in the open market and sued defendant for the difference between what he paid for them and what they brought. Defendants denied that they had agreed to sell U. S. No. 1 grade carrots, and presented a counterclaim for the damages suffered by them by reason of…