Bernhard Stern & Sons, Inc. v. Chagnon

This is an action of assumpsit for damages for breach of contract. The plaintiff is the manufacturer of ,a brand of flour known by the name of “Spearhead Patent Flour.” The defendant is a baker. On April 26,1915, one F. W. Choat, an agent of the plaintiff, sold to the defendant -three carloads of flour, amounting to six hundred and thirty barrels, at $7.75 per barrel, the transaction being evidenced by a written order signed by the defendant.

Prior to ordering the flonr the defendant obtained a sample thereof, consisting of two barrels, which he used and found satisfactory.

The defendant…