Potter v. Lee

Long. J.

Plaintiffs brought assumpsit in the Wayne circuit court on the common, counts. In their bill of particulars they claimed for the price and value of 169 cheeses, weighing 7,253 pounds, at 7£ cents per pound, amounting to $543.98.

Defendant gave notice under his plea of the general issue that the plaintiffs falsely and fraudulently represented that the cheeses were good and merchantable, were not strong, and would not crumble when cut; that between 18 and 20 only were made during the month of July, 1890, and the balance were made during August of that year, and that the entire lot was…