F. C. Austin Manufacturing Co. v. Hunter

Opinion of the court by

Buewell, J.:

A. J. Hunter, Frank L. Stetson and Chas. S. Albrigbt, in their individual names, jointly purchased a boiler, engine and other appliances for a well-drilling outfit from the F. C. Austin Manufacturing Company. All of the projDerty contracted for was shipped, but Hunter and Albright refused to receive it on the ground that the engine was too small. A second engine was shipped, but they refused to receive it, claiming that it had been used and was not new. They, having paid the freight, sued the defendant for damages, attached the property and attempted to make…