German-American Provision Co. v. Jones

Citations

• 87 Miss. 277
• 39 So. 521

Syllabus

<p>1. Sales. Breach of warranty. Principal and agent.</p> <p>An agent of a seller of lard, warranted to be pure leaf lard, when sent to the buyer to arrange and compromise a dispute as to the quality of the lard, has power 'to authorize the buyer to sell it as compound lard.</p> <p>2. Same. Rescission hy seller. Return of consideration.</p> <p>A seller of lard on a dispute with the buyer as to its quality has no right to require the return of the lard without himself ' returning the part of the purchase money which he has been paid therefor.</p> <p>3. Sales. Action for price. Evidence.</p> <p>In an action for the price of lard, where the defendants say that the lard received was compound lard, and not pure leaf lard, as warranted by the seller, the boohs of the buyer are not admissible in evidence to show his loss or gain on the commodity.</p>