Flint

deliveréd the opinion of the Court.

This was an action to recover the contract price of two thousand barrels of flour. The facts of the' case are these: On the 13th of January, the plaintiffs sold the defendant a cargo of flour, and executed a sale-note in these words:

On the 25th of January, the defendant sent a note, requesting the delivery of fifty barrels of the cargo, and the plaintiffs executed the following delivery order:

In compliance with this order, fifty barrels of “ Gallego” flour was delivered to one Gorham, the sub-vendee of the defendant, who received the same, and failed to inform the defendant that the flour did not conform to the warranty.

On the 31st of January, the defendant sold another lot of said flour, and gave the purchaser an order for it; but on discovering that the flour was “Gallego,” and not “Haxall,” the purchaser refused to receive it, and notified the defendant, who, on learning- the mistake, refused to comply with the contract by receiving and paying for the flour; whereupon the plaintiffs sold the same upon account of the defendant, and brought this action to recover the difference.

Testimony was introduced to show the rapid decline of…