Electric Paint & Varnish Co. v. Lunsford

The Electric Paint & Varnish Company brought suit against J. S. Lunsford, for the recovery of the contract price *841of two barrels of paint wbicb it was alleged the plaintiff had shipped to the defendant, under a contract of sale. It was alleged that after the defendant had accepted the goods he returned them to the plaintiff, who received them and retained them for the defendant. The defendant, in his plea as amended, without denying that the written order constituted a contract of sale, but denominating it as a “contract,” alleged that before the plaintiff shipped the goods he had notified the…