Goldsmith & Co. v. Marcus & Bros.

The plaintiffs in error brought a suit upon an open account against the defendants in error. The defendants admitted the purchase of the bill of goods sued on, but pleaded, that the goods were bought under a special parol contract, made with the plaintiffs at the time of the purchase; that they were-bought by sample, upon the positive assurance of the seller that the goods to be shipped were to correspond with the samples; that the clothing in question was sold and purchased in separate lots, and that it was verbally agreed between the plaintiffs and the defendants that the defendants would…