Woodford Distilling Co. v. Remington Typewriter Co.

The plaintiff (defendant in error) recovered a judgment for $260 from the defendant (plaintiff in error) for damages sustained by an alleged breach of contract in the sale of a typewriter. The statement of claim filed in the Municipal Court says that

“Plaintiff’s claim is for money had and received by the defendant as the purchase price of a typewriter on the condition and understanding that said typewriter was to be suitable for the use and purpose of the plaintiff and * * * was to be a new typewriter free of imperfections; that said typewriter was paid for by the plaintiff before it had an…