Steinway & Sons v. Massey

Opinion op.the Court by

Judge Moorman

Reversing.

Appellee made a contract with appellant to purchase a Steinway piano of a designated type, agreeing to deliver to appellant at Bowling G-reen one Farand Ceeelian piano player at an agreed valuation of $400.00, and to pay the balance of the purchase price, amounting to $1,000.00, upon the delivery of the Steinway piano. Appellant’s representative had not seen the piano player at the time the sale was made, and after an examination of it refused to consummate the contract, on the ground. *266that appellee had misrepresented its qualities, style and…