Kissell v. Myer & Bush Co.

The opinion of the court was delivered by

Mint win, J.

The complaint alleged a hook account for goods sold and delivered, consisting- of poultry, for the sum of $5,451.2 t. TTpon this a credit was allowed to the amount of $3,975.81. The defence alleged was that the quantity of goods shipped was greater than that contracted for; that when the goods arrived at Newark, their destination, from Chicago, the place of shipment, the}- were in such bad condition that it became necessary to summarily sell them, which was done with the consent of the plaintiff's, and the amount realized from the same was…