Reliable Press, Inc. v. Bristol Carpet Cleaning Co.

The action is to recover for the price of goods sold and delivered. The complaint does not say whether the contract for the sale and delivery was in writing or oral. The answer, by way of defense, admits the sale and delivery; but claims that the sale was made by sample, and that the merchandise delivered was not according to sample; that plaintiff recognized the defect in the nature of the merchandise delivered, and that a written contract was entered into to settle the possible controversy. The written contract is pleaded by way of defense; a copy of it is set forth in the answer. It…