Wilbur-Dolson Silk Co. v. William Wallach Co.

This action is brought to recover the purchase price of a considerable quantity of silk thread on spools. The parties entered into a written contract covering the transaction. The answer alleges that the sale was by sample (although the written *341agreement makes no reference thereto), and that the silk delivered was inferior to the sample. It contains the further separate allegation “ that the silk so delivered was on spools and the defects in the same could not be discovered until the spools had been unwound in the ordinary course of manufacture, and after such thread had been worked into the…