Fairbanks, Morse & Co. v. Burgert

Epperson, 0.

Defendant gave to plaintiff a written order, requesting plaintiff to ship to him a 'windmill and an outfit, with certain apparatus therein described. Said order contains the following prolusion: “All the above for the sum of $255, which amount I will pay you 60 days after outfit is erected and in good running order.” Plaintiff shipped the goods described in said written order, and erected the same upon the defendant’s farm, and later brought this action to recover the purchase price. The defendant, by his answer, among other things, alleged that the plaintiff represented at the…