Wright v. Rogers

The plaintiffs in this case claim from the defendant the balance of the price of 1717 sacks of oats, of which 320 sacks were delivered to and paid for by the buyer, John C: Rogers, who refused to receive and pay for the remaining 1397 sacks, because, as he avers in his answer, “the said oats were badly heated, and thereby injured seriously, and thus rendered unmerchantable.

It seems to be conceded that the oats were of light and inferior quality and defective; but plaintiffs say that the sale is not subject to redhibition on that account, because the oats were sold at a low price on account of…