McNeill & Higgins Co. v. Martin

On July 15, 1920, defendant sold plaintiff “170 barrels (not more) St. Delphine second sugars.” On July 21st- defendant shipped 159 barrels of St. Delphine second sugars, which were duly received and paid for by plaintiff on July 27th.

On receipt of the sugar, plaintiff made only a “casual” inspection thereof, and placed same in its warehouse; the reason why only a casual, and not a thorough, inspection thereof was made, being that plaintiff’s “regular” sugar buyer was then taking his summer vacation, who remained away for the whole of the month of August, and discontinued altogether his…