Carolina Portland Cement Co. v. Turpin

In this case the record discloses that the plaintiff, "being a brick manufacturer, contracted to sell to the defendant, a ■dealer in bricks, certain quantities of bricks of quality equal to .«ampies which were exhibited. Bricks of the number contracted for were shipped by the plaintiff to the defendant. Epon receipt of *678the bricks they were inspected, and, the defendant contends, were deficient in quality. Knowing of the alleged defects, the defendant paid the freight charges and accepted the bricks, making complaint as to quality, but nevertheless selling them to his customers, some at the…