Wald-Green Food Corp. v. Acme Fast Freight, Inc.

Plaintiff is a distributor of food products. On January 17,1947, it delivered to defendant, concededly a freight forwarder, 100 cartons of 35-pound cans of imitation raspberry flavor fruit filling for shipment to Poinsetta Cake Co., Tampa, Florida, for the sales price of $525. This filling was manufactured within a few days prior to shipment and was packed in airtight metal cans, each can being placed in a corrugated carton. Plaintiff’s uncontradicted testimony is that this merchandise would not under normal handling, deteriorate or spoil by reason of weather conditions in from four to six…