Brenard Mfg. Co. v. Sumrall

The appellant, manufacturing company, sued the appellee, R. 'El Sumrall, for three hundred and twenty-eight dollars, as evidenced by six promissory notes representing the purchase price of two musical instruments, designated “Golden Throated Claxtinolas, ” which are commonly called phonographs. After the contract and notes wore signed and forwarded to the appellant, the instruments were shipped to and received by Sumrall, who acknowledged their receipt and kept them for sale, for several weeks.

Mr. Sumrall wrote appellant that the instruments had “arrived in good shape and are O. K. You can…