Hubbard Fertilizer Co. v. American Trona Corp.

This suit was brought by the Hubbard Fertilizer Company to recover from the American Trona Corporation a large amount of money which had been paid out by the plaintiff as damages supposed to. have resulted front the use by its customers of fertilizer manufactured by the. plaintiff. The alleged damage was claimed to have been occasioned by borax in the mxxriate of potash sold by the defendant to- the plaintiff.

The first two coxxnts. of the declaration were upon the theory of a. breach of an express; warranty and during the progress of the trial a third coixnt was added, upon an alleged or…