N. Nigro Co. v. Globe Fruit Co.

Appellee, Globe Fruit Company, sued appellant, N. Nigro, in the court below for $1,575, with interest from January 1, 1922, charged to be the price agreed to be paid by the appellant for 300 bags of cocoanuts delivered by appellee f. o. b. New York to carrier on November 9, 1921, for transportation to appellant, at Dallas, Tex. Price alleged to be long past due and refusal of appellant to pay the same.

Appellant answered, in substance, that the cocoanuts were bought under an express agreement that they would be sound and free from disease, condition, or defect which produced rottenness under…