Sperry Flour Co. v. De Moss

The Sperry Flonr Company is engaged in the manufacture and sale of flour. The defendant De Moss' conducts a bakery at Corvallis, Oregon, under the name of Sanitary bakery. On September 12, 1929, the plaintiff, by written contract, agreed to sell to the defendant 2,100 barrels of “Victor Bakers”, “Volumalcer”, “Graham Coarse”, and “100 per cent Whole Wheat” flour. Plaintiff delivered 1,100 barrels of the flour and was paid therefor, but the defendant refused to accept further deliveries on account of an alleged breach of warranty as to the quality of the flour. Upon the refusal of the…