Sparks Milling Co. v. Powell

Opinion of the Court by

Judge Fulton

Reversing.

The appellant, Sparks Milling Company, beginning on October 2, 1934, made sales of flour to the appellee, Midland Baking Company. Two sales were made in 1934 and two additional sales in January and February of 1935, the four sales aggregating 735 barrels. There was a delay in payment for 190 barrels sold on February 6, 1935, and as a result thereof officials of the Milling Company consulted with the appellee, J. T. Powell, president of the Baking Company, and state that they informed him that he must see to and be responsible for payment for flour…