History Co. v. Flint

Opinion by

Davidson, J.

§ 224. Contract; failure of consideration; representations, etc., of agent binding on principal; rescission of contract; fraud; case stated. Appellant sued appellee in the justice’s court for the sum of $154. This amount was the alleged contract price of twenty-eight volumes of the works of Bancroft, agreed to be paid appellant by appellee. It was claimed by appellant that he had de*365livered to appellee twenty-seven volumes of said works, and that appellee had received same. This was denied by appellee. Appellee answered, setting up an alteration of the alleged contract.…