Morse v. Acme Cycle Co.

The action is brought to recover damages for •alleged breach of warranty. Defendant denied that the sale was •one by sample, and the questions argued before us were concerning whether the goods were sold under warranty, either expressed or implied, as also concerning the jurisdiction of the court over the ¡subject-matter of the action.

*818We think it clearly erroneous that the court declined informing the jury whether or not the evidence showed a sale by sample. The testimony is that the sale was made by letters and telegrams. The jury was charged that it was by correspondence and conversation.…