Maney Milling Co. v. Baker-Wignall & Co.

On the 5th day of March, 1910, the defendant (appellant), Baker-Wignall & Company, then engaged in the wholesale produce business in Streator, Illinois, ordered from the plaintiff (appellee), Maney Milling Company, then engaged in the milling business in Omaha, Nebraska, 4,000 barrels of Sunkist flour at $5 per barrel, the flour to be packed in 49 pound sacks, under defendant’s brand or plaintiff’s as defendant might desire, and to be delivered by plaintiff at Streator at the rate of 1,000 barrels per month on the shipping instructions of the defendant, and paid for on delivery.

Plaintiff had…