J.B. Colt Company v. Tyler

The opinion of the Court was delivered by

Mr. Justice Marion.

Action upon a written contract for the sale of a Colt lighting plant to recover the agreed purchase price; the plaintiff alleging delivery in accordance with the contract and nonpayment by the defendant. The Circuit Judge directed a verdict for the plaintiff, and from judgment thereon the defendant appeals.

The answer admitted ' “the acceptance of the contract,” but denied the receipt by defendant of the fixtures, appliances, etc., agreed to be delivered under the contract; alleged that “without same the lighting and cooking plant was…