Theo. Ollesheimer & Bro. v. Foley

NEILL, Associate Justice.

This suit was brought upon a verified account for the price of goods alleged to have been ordered by the appellee and sold and delivered him by appellants. It was alleged that appellee ordered the goods, which were to be manufactured expressly for him in Europe and imported by appellants, and that at the time the order was given there was a general known custom of trade, of which appellee had notice, that an import order such as the one in question was not subject to countermand.

Among the matters plead by appellee was, that long prior to the time the goods were…