Moss Manufacturing Co. v. Carolina Portland Cement Co.

The Carolina Portland Cement Company sued the R. L. Moss Manufacturing Company upon an open account for a quantity of cement. The defendant pleaded that the cement had been bought under an express warranty of its suitableness for tile making, and that this warranty had failed, resulting in certain .specified loss and damage to the defendant. It seems that in September 1903, Bondurant & Co., of Athens, Ga., wrote to the ■Carolina Portland Cement Company, asking for quotations upon •certain cement, sold under the designation of “Hammer Brand.” Under date of September 8, 1903, the following…