Washington Hydraulic Press Brick Co. v. Sinnott

The defendant, Sinnott, ordered 14,000 bricks from the plaintiff at $28.50 per thousand, which were delivered to the defendant in Brooklyn, and for which he owes, as claimed in the complaint, the sum of $192.37, which, with interest to date, makes the total claim $195.41. The defendant counterclaims for breach of warranty in that 50 per cent, of the bricks as delivered were not of the quality ordered by sample. It appears that previous to any order given by the defendant for bricks the plaintiff, through its agents, had sent to the defendant a sample brick, known as “shade No. 148,” which was…