Forbes v. Drexel Knitting Mill Co.

The plaintiffs, who are in the business of selling cotton yarns, live in Richmond, Va. The defendant’s place of business is in Drexel, N. C., and the yarn, the subject of the controversy, was shipped by order of plaintiffs to defendant under the contract from Union Manufacturing Co., Union Point, G-a., to defendant at Drexel, N. C.

It is not denied that under the contract plaintiff had shipped to defendant 8,122 pounds of the 40,000 pounds contracted for, in six shipments, and defendant accepted, used and paid for same, and then stopped shipments on the ground that the yarn was an inferior…