Waukesha Canning Co. v. Henry Horner & Co.

Material facts out of which the controversy in this case arises are that in January, 1904, the appellant contracted to sell appellees 1,000 cases of canned corn to be shipped when packed for the season’s delivery. In September following 750 cases of this corn, constituting a single carload, were shipped to appellees. At this time the price of corn such as contracted for had fallen about ten cents a dozen below the contract price of seventy-five cents a dozen. Hpon receipt of the corn so shipped it was examined, it is said, by one of appellees, and thereupon appellant’s agent was notified not…