Hirsch v. Schofield's Sons Co.

1. The plaintiff proved his case as laid, and it was error to award a nonsuit.

2. According to the evidence for the plaintiff, he purchased borings and turnings from a pile of such material, which appeared to be merchantable, and they were to be loaded and shipped' by the defendant to a buyer to whom the plaintiff had sold them. If the plaintiff had seen the car after it was loaded by the defendant, and, after full opportunity for inspection, had accepted it, a nonsuit might have been proper; because he would thereby have waived1 all defects discoverable by ordinary care. But’ there was no…