U. Fig Date v. Carroll, Brough, Robinson Humphrey

Opinion by

THREADGILL, C.

This action was for breach of warranty and damages growing out of a buying and selling contract for 165 sacks of English walnuts, weighing 16,985 pounds, bought by defendant in error from plaintiff in error according to sample, at 21% cents per pound. The parties will be referred to as they appeared in the trial court.

Plaintiff alleged in its petition that defendant was a nonresident of the state; that it ordered the nuts by letter, and attached a copy of the letter; that the nuts were worth 21% cents per pound, but the nuts shipped with bill of lading attached were…