Bishop & Babcock Sales Co. v. Brogan

The opinion of the court was delivered by

Harvey, J.:

This is an action to’recover $208 for certain soda-fountain booths sold and delivered by plaintiff, a manufacturer or jobber of drug-store fixtures, to defendants, who owned and operated a drug store. There is no real controversy about the sale for *780which the suit was brought. The defense was that a few months prior to this sale defendants had purchased a soda fountain from plaintiff on a written order contract and had paid for the soda fountain in part at the time the order was executed and the balance on the receipt of the bill of lading,…