Interstate Grocer Co. v. Colorado Milling & Elevator Co.

The first car of flour was paid for when the purchaser took up at the bank the draft to which the ibill-of-lading was attached. Payment for and delivery of the flour were simultaneous acts, and no' opportunity was afforded the purchaser to ascertain whether the flour conformed to the warranty until after it had been paid for and delivered. The majority opinion reflects the fact that there was testimony that this car of flour did. not conform to the warranty under which it had been sold. The testimony upon- that question was sufficient to have required the submission of that issue to the jury…