Thompson v. Swain Flour Brokerage Co.

These parties are hereinafter referred to as Thompson and the company respectively.

Thompson, a Denver halier, contracted with the company for flour. After delivery, acceptance and use of a portion, Thompson, claiming the flour delivered was inferior to that purchased, refused to accept the remainder. This the company thereupon sold and sued Thompson for an unpaid balance on that accepted, plus its loss and damage on that resold, a total of over $800, and interest. Thompson pleaded the inferiority of the flour delivered and damage by reason thereof and counterclaimed for the difference in…