Gurney v. Collins

Plaintiff, who was a manufacturer in Eochester, New York, sued defendants, under the common counts, for a brick-making machine and appurtenances, which he claimed they ordered from. Detroit, and he sent to them there in April and May, 1884. Defendants pleaded the general issue.

On the trial the chief controversy was whether defendants had purchased and accepted the machine absolutely, or whether it was sent to them, or kept by them, under circumstances which made them bound to pay the purchase price as demanded. After the testimony was all in, the court took the case from the jury, and ordered…