E. Lichtenstein Co. v. Nebraska Consolidated Mills Co.

This was a suit by Nebraska Consolidated Mills Company against E. Lichtenstein Company, wholesale grocer, on an alleged contract by which the plaintiff contended it had sold the defendant, on open account, a car-load of flour, for which it had not been paid. The defendant denied the indebtedness, and *603filed a counterclaim that the agreement was that plaintiff was to ship the flour, but that the defendant was not to purchase it, but that it would be sold by the plaintiff’s agent to the defendant’s customers, and as the same was sold the plaintiff was to receive the manufacturer’s price, but…