Selected Cases On the Law of Sales of Personal Property : Arranged to Accompany Burdick's Law of Sales

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202.
The defendant does not resist the fulfilment of his agreement for any fraud ; nor does the verdict impute any mala fides to the plaintiffs.
The case rests upon these facts. There was a sale of a cargo of flour, at a price dependent upon the fact whether the component parts inspected superfine or bad, which was described as of one brand, but which proved to be of another. There was no material difference in the credit of the brands, and the market price of the flour was but little affected
...by the question whether the brand was of the one or the other mill.
A portion of the flour has been delivered to, and paid for, and con- sumed by the defendant. He made no offer to return this flour.
This flour remained in the " Ork " from the 13th of January till the 31st of January, subject to the exigencies of the contract. During that period there was no complaint on the part of the defendant. From tlie 28th of January till the 5th of February, when the refusal to accept the remainder of the flour and the sale of it on account took place, the price of flour was steadily declining.


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