Lamb v. Crafts

This action is brought to recover damages for an alleged breach of warranty upon the sale of one *354hundred casks of tallow by the defendant to the plaintiff, and shipped to London. There arc several sets of counts, some founded upon a warranty entered into upon an executory contract to sell the tallow, and another set on the alleged warranty, upon an actual sale of the same quantity.

The facts, about which there is no controversy, or none of any importance, are, that in October 1844, the plaintiff applied to the defendant, whose employment was that of collecting rough tallow and preparing it for…