Nonotuck Silk Co. v. Fair

This is an action of contract to recover the price of goods sold. The defence relied on was, that the goods were sold on a credit of thirty days, and therefore the suit was prematurely brought.

The plaintiff proved the sale and delivery of the goods, the bill of parcels- accompanying the delivery containing the clause, “ Terms cash, 5 per cent, off.” To meet this primá fade case of the plaintiff, the defendant “ offered the evidence of three witnesses as to their own course of dealing with the plaintiff at their place of business in Northampton (none of the witnesses knew of the dealings of…