Alba-Malakoff Lignite Co. v. Hercules Powder Co.

Appellee sued appellant in the court belo.w, alleging, in substance, that it sold and delivered to appellant, and the latter accepted, 900 kegs of blasting powder at the agreed price of $1.85 per keg or $1,665, payment of which was to be made 30 days after date of invoice, which it failed and refused to do, etc. Appellant answered, in substance, that before purchasing powder appellee was informed that it desired to use the powder for blasting lignite in its mines,' and that appellee represented and warranted its powder to be of the standard quality used for that purpose, which appellant…