Pacific Coast Cone Co. v. National Ice Cream Co.

The plaintiff sued the defendants to recover judgment for the purchase price of a quantity of ice-cream cones. Judgment went for the plaintiff and the defendants have appealed. On the trial the defendants relied principally on a defense based on certain warranties being breached. The defendants strenuously contended that they had bought “cake cones”; that “cake cones,” as that expression is known to the trade, refers to cones that are sweetened. To this the plaintiff replied that the purchase was made by and through certain correspondence and those papers said nothing about “cake.” Going further, the defendants contended that the cones delivered by the plaintiff were not sweetened. To this the plaintiff replied that they were sweetened but stated that from July to October, 1918, the plaintiff’s products were not sweetened as much as they were both before and after that period of time; and the plaintiff set forth that the reduction in the quantity of sugar used was because of, and in compliance with, the war regulations applicable to the business, of the plaintiff and to its products. However, the defendants replied that, making all due allowance for the war regulations, the goods…