Bowker v. Delong

The declaration contains two counts, one in tort, for deceit in the sale of a quantity of flour, the other in contract, upon a guaranty that the flour was sound and sweet. The gist of the count in tort is .that the defendants falsely and fraudulently represented the flour to be sound and sweet, knowing it to be unsound and sour, and thereby induced the plaintiff to buy it. Under this count, it was competent for the defendants to show that they did not know that the flour was unsound. Evidence that it was received by the defendants as a part of a large lot of flour, the rest of which was…