James Grocery Co. v. Walter O. Birk Candy Co.

Opinion of the Court by

Judge McCandless

Reversing.

W. O. Birk, a candy manufacturer of Chicago, .111., sued the James Grocery Company, a wholesale dealer in Louisville, to recover $466 on account. The defendant admitted the shipment and. delivery of the merchandise charged, but denied that it was of any value, or that defendant ever promised to pay for same.

In a second paragraph, still insisting that the goods were of no value, it further pleaded breach of warranty, and sought to recover damages for loss of trade resulting from the inferior quality of the goods so furnished. No motion was made…