George J. Meyer Manufacturing Co. v. Howard Brass & Copper Co.

I will do no more than state in barest outline the reasons why I disagree with the déter-mination of the majority in this case. I am of the view:(1) That the defendant allowed plaintiff a smaller discount than the purchase orders clearly called for;(2) That through negligence on the part of employees of plaintiff, this mistake was not discovered;(3) That there were overpayments by plaintiff aggregating the sum of these disallowed discounts;(4) That plaintiff has made a case of money paid' out by mistake. Mistake of fact was defined in the recent case of Grand Trunk Western R. Co. v. Lahiff,…