Julius Hermann & Co. v. People's Department Store

Plaintiff brought suit against defendant on the common counts iin assumpsit to recover the amount of two invoices of merchandise shipped to defendant October 16 and 33, 1908, respectively. Defendant pleaded the general issue, with the following notice of special defense:

“ Please take notice that on the trial of said cause defendant will give evidence of and show that the goods and personal property for the price of which said plaintiff has brought suit against defendant was purchased by defendant from plaintiff and accepted upon the express condi*225tion, as a part of the contract of purchase…