Swartz v. Levin

The opinion of the court was delivered by

Mason, J.:

Aaron Levin and M. Meshevsky made a written agreement with A. Swartz for the purchase by them from him of a quantity of junk to be paid for according to a schedule of prices per hundredweight, delivery to be made on the track at Ottawa. Two cars were loaded and paid for. A third car was likewise loaded and the purchasers gave their check for $1,709.95 in payment and caused it to be shipped, its destination being outside of the state. • Payment of the check was stopped by the purchasers and the seller sued for its amount, attaching the car in…