Foster v. Baer

By the court:

Slidell, J.

Upon the question of the right of Marlin, Owen <j. Co. to file an answer, we are unable to distinguish this case from Moran v. Tanner, 6 Ann. 119.

If the pork was unsound at the date of the sale by Martin, Owen Sf Co. to Baer & Co., the standard of responsibility of the former to the latter is the difference of value, at the date of the sale, between a sound and the unsound article. If, for example, the difference of value on the day of sale was 20 per cent, Baer S¡- Co. would be entitled to a deduction of twenty per cent from the price they paid, assuming the price was…