A. O. Andersen Trading Co. v. Brody

Finch, J.:

The action is to recover damages for the breach of a warranty in the sale of second-hand bags for export use. The bags were sold from sample and were to be of a certain grade, clean, free *48from holes and suitable for packing coffee. The bags were to be delivered at the pier of the steamship company, and the purchase price to be paid upon delivery to plaintiff of the steamship company’s receipt for the bags. Delivery and payment were made in accordance with the terms of the contract. It appears that the goods had been sold by plaintiff to a customer at Port au Prince. Upon arrival…