Glucose Sugar Refining Co. v. Climax Coffee & Baking Powder Co.
Indiana Court of Appeals
From Superior Court of Marion County (64,640) ; John L. McMaster, Judge. Action by the Glucose Sugar Refining Company against the Climax Coffee & Baking Powder Company. Prom a judgment for defendant on its counterclaim, plaintiff appeals.
1Opinion of the CourtRoby, P. J.
Appellant sued to recover the purchase price of a quantity of starch sold and delivered by it to appellee in August, 1902. Appellant had in the preceding April sold and.delivered to appellee a car-load of starch and received payment for the same. It filed a set-off in the action brought to recover the price of the August starch for an amount which it claimed was due it because of the alleged worthlessness of the April shipment. Its claim was that appellant knew that appellee purchased said starch for use in the making of baking powder; that it was contemplated by both parties that the starch…
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