Fruit Company v. Palmer and Another

An action to recover $500 paid in advance on the price of 5 carloads of potatoes. When the goods were tendered they were refused by plaintiff, the purchaser, for alleged defect of quality, his contention being that they were not up to grade in several particulars, among others that they were packed in old instead of new sacks. The decision below was for plaintiff, and the case having been dismissed as to George C. Palmer, individually, defendant George C. Palmer, Inc., appeals from the judgment. A former appeal was from the order denying its motion for a new trial. 158 Minn. 531, 197 N. W.…