Thomas v. Cohen

Opinion by

Mr. Justice Fbazeb,

Plaintiffs’ action is based on two drafts drawn by defendants’ agent, representing part payment of the purchase price of three cars of tomatoes bought by defendants from plaintiffs. Defendants alleged the tomatoes on arrival at destination were found to be of inferior grade, defective, and not the quality represented by plaintiffs and refused payment of the drafts. At the trial defendants offered to prove inspection immediately upon arrival of the cars at their destination and that the contents were found to be defective and of inferior grade. The trial judge…