Myers v. Malone & Hyde, Inc.

WOODROUGH, Circuit Judge.

The controversies in this action arise out of two sales of a certain lot of canned tomatoes shipped in interstate commerce. J. A. Center, doing business as Alpena Canning Company in Arkansas, processed .and canned the tomatoes and sold them to Myers Milling .Company . (here called Myers) and. Myers sold them as Extra Standard in quality to Malone and Hyde, Inc., a wholesale grocery corporation, doing business at Memphis, Tennessee. Both sales were consummated on November 7, 1946, when Center, at the written direction of Myers, loaded the goods on board a freight car…