Phillipi v. Gove

The plaintiff sues to recover the amount of an account for three hundred kegs of grapes, and one hundred drums *316of figs, sold to the defendant at public auction. Only forty-two kegs of grapes were delivered to the defendant, who refused to accept the balance, and resists the claim of the plaintiff, on the ground, that he is not liable for the value of the grapes, inasmuch as he was induced to purchase them through fraud and misrepresentation ; the articles tendered to him being greatly inferior to those exhibited publicly, as samples of the whole lot.

There was judgment below in favor of the…