Port Huron MacHinery Co. v. Chicago, Milwaukee & St. Paul Railway Co.

Evans, J. —

I. The affirmative defenses pleaded were:(1) That, under the contract of sale, pursuant to "which the shipment was made, the purchasers had the right to make trial of the engine; that, pursuant to such contract, they took immediate possession of the engine, for the purpose only of making such trial; that, immediately after making such trial, they returned the engine to the place from which they took it; and that the same has been at all times in the possession of the defendant, and subject to the demand of the plaintiff.(2) That the taking of the temporary possession of said engine…