Williams v. Paul F. Beich Company

The sole exception here is that the evidence did not authorize the verdict. The evidence showed that the defendant ordered and received the merchandise, “candies,” described in the petition. This made out a prima facie case for the plaintiff. The defendant contended in his answer that the consideration had failed, in that the said consideration was merchandise which by implication of law was warranted as suitable for the use intended, and that the candy was not thus suited to such use.

The-defendant testified that the candy was not reasonably suited for the purposes for which it was intended;…