Hayes v. Kluge

The opinion of the court was delivered by

Williams, J.

The plaintiff, an artist, brought his suit to recover the value of a portrait of defendant’s wife and child, painted by him, and the cost of framing it. The defence to the action is that the portrait was to be absolutely satisfactory to the defendant and Ms wife, and if not, that then defendant should not be bound to accept and pay for it. The portrait was painted, framed and delivered, hut was not painted to the satisfaction of the defendant, who refused to pay for it, and on the trial defendant had judgment.

From which plaintiff appeals on…