Monroe v. Diamond

Opinion by

Mr. Justice Simpson,

Plaintiffs agreed to sell to defendant certain Prussian blue, which was to be equal to a sample shown, and was to be delivered and paid for in installments. Alleging that the quality was grossly defective, defendant refused to receive the first shipment, and rescinded the contract. He also rejected all later tenders, whereupon this suit was brought to recover the difference between the contract and market prices at the times and place of delivery.

At the trial, plaintiffs admitted that the blue first sent was inferior to the sample, and for this reason they had…