Baird v. Grand Rapids School Furniture Co.

October- 2, 1890, plaintiff and defendant entered into a contract by which defendant agreed to furnish the* chairs to seat plaintiff's opera house for $1,500. The price agreed upon was to be paid by a bankable note, due in 90 days from completion of contract. _ It was provided that if defendant, through negligence or error, made and shipped any chair not in conformity with the plans and specifications, plaintiff “might retain in settlement, from the amount agreed to be paid, double the cost of any chairs so wrongly made or mechanically constructed, until such mistake should be made good;''…