Walnut Creek Milling Co. v. Smith Bros.

Jenkins, R. J.

In answers to questions certified to it in this case, the Supreme Court has held that, under a written contract for the purchase of a number of barrels of “Snofiour” brand of Hour, the purchaser is entitled to show by parol that the vendor represented that the brand sold was in all respects equal in quality to another brand, known as “Elberta,” with which the vendee was familiar. Walnut Creek Milling Co. v. Smith Co., 178 Ga. 341 (173 S. E. 96). On the trial of a suit by the vendor for damages on account of the vendee’s failure to accept the undelivered portion of the goods…