Baird, Miller & Baldwin v. Matthews

Judge Marshall

delivered the Opinion of the Court.

This was an action of assumpsit brought by Baird, Miller & Baldwin against-Matthews, to recover damages for the breach of an alleged warranty in the sale of six hundred and sixteen barrels of flour, as 4 superfine flour,’ when, in fact, it consisted entirely of ‘ fine flour,’ and ‘ common flour.’

The case was twice tried in the Circuit Court, on the general issue. On the first trial,- .the jury found a ver*130diet of four hundred and fifty dollars for the plaintiffs. And a new trial having been granted, on motion of the defendant, the plaintiffs…