Wellington Stone Co. v. Thomas

Defendant bought from plaintiff through a salesman of plaintiff, one Davenport suite consisting of three pieces, a Davenport and two chairs, designed and upholstered to match.

The articles were .shipped out of Chicago and when they arrived at Hammond, were delivered to defendant who paid the freight thereon, $14.85. On unpacking the furniture in his place of business, defendant discovered for the first time that his order, as he understood it, had not been properly filled, and he at once instructed his bookkeeper to write to plaintiff and inform it of that fact.

The evidence seems clear to us…