Rubin Bros. Butter & Egg Co. v. Larson

— Plaintiff-corporation buys and sells produce in New York City. Defendant operates a hatchery in St. Olaf, Iowa, and shipped eggs and poultry to plaintiff. In October 1946 defendant delivered 55 cases of eggs to a carrier for shipment to plaintiff. Plaintiff paid for the eggs by paying a sight draft attached to the bill of lading. Plaintiff never received the eggs. It brought this law action to recover $815.10 it paid for the eggs. Defendant filed a counterclaim for $1996 for several balances alleged to be due from plaintiff. Following trial to the court without a jury plaintiff recovered…