City Tailors v. Gay

Counsel for appellee concede in their brief that the defendant in the court below relied solely upon the defense of the alleged breach of contract, in that the two suits of clothes, the purchase price of which constitutes the subject-matter of this controversy, were not delivered within the time agreed upon, and that therefore he had a right to rescind the contract and return the goods.

The evidence was without dispute that the goods were ordered March 22, 1920. The defendant contends they were to be shipped within 7 days, and did not arrive until the expiration of 2% weeks, and that they were…