Maison Blanche Co. v. Gilbride

WESTERFIELD; Judge.

This is a suit for $120.45, the alleged balance due on the purchase price of a certain washing machine alleged to have been sold by the plaintiff to the defendant for the sum of $125.45. The sale is alleged to have been evidenced by a written contract which was attached to the petition.

Defendant in his answer admitted having possession of the washing machine, but avers that it “was delivered for trial and approval only and since the said machine was not the merchandise ordered, defendant has requested plaintiff to take the same back.”

There was judgment below in plaintiff’s…