New York Canners, Inc. v. Milbourne

The action is for a breach of warranty in the sale of canned sweet potatoes. For the purpose of distribution to customers, plaintiff purchased 1,650 cases from defendants at their canning factory at Kingston, Md. On October 12, 1920, 650 cases were shipped by defendants to one of plaintiff’s factories at Albion, N. Y., and on October 25, 1,000 cases to another of its factories at Irving, N. Y. Of the potatoes delivered by defendant at Albion 150 cases were on November 26, 1920, transferred by plaintiff to its factory at Irving and on April 23, 1921, ten cases were shipped from Albion to…