Loomis Milling Co. v. Vawter

*438The opinion of the court was delivered by

Mahan, P. J.:

The Loomis Milling Company sued George B. Vawter for $266.75, alleged to be a balance on account of flour sold and delivered. Defendant claimed damages for breach of a warranty as to quality, and a tender of $200 before suit. The cause was tried to a jury, and resulted in a general verdict for the plaintiff in the sum of $140.75. There were special findings of fact; among others, a finding that a tender of $200 was made before suit. Judgment was entered against the plaintiff for costs,'in the sum of $103.75. A motion for a new trial being…