Fruit Dispatch Co. v. Manos

This is an action brought by the Fruit Dispatch Company, a corporation, against Jim Manos, on open account for the purchase-price of a given quantity of bananas. Defendant in his answer admitted that he “ordered the bananas sued for,” but claimed “that the same were to be green fruit, and were to be what is known as S. C. Eights,” whereas the fruit shipped him by plaintiff was ripe and more than half of it was “S. C. Sevens,” worth in the market twenty cents per hundred pounds less than “S. C. Eights,” and plaintiff had charged him, in the aeconnt sued on, the same price for both kinds; that…