Niehoff-Schultze Grocer Co. v. Gross

McAvoy, J.:

The complaint asserts and the proof shows that during the month of April, 1917, S. M. Frank & Co., representing the defendants as broker, offered to sell to the plaintiff for seven cents per pound, to be paid to the defendants by the plaintiff, F. O. B. New York city, 400 bags of beans, which said beans the said S. M. Frank & Co., on behalf of the defendants, represented and warranted to be “ imported Roman Pinto beans,” each bag to contain 165 pounds of said beans.

On the 19th day of April, 1917, the defendants duly confirmed in writing and accepted the sale made by S. M. Frank &…