Deering Harvester Co. v. White

Mr. Justice. Wilkes

delivered the opinion of the court.

The bill in this case is to recover the price of a corn harvester. ' The testator of defendant gave an order to the harvester company for a machine, for which he was to pay, if he approved it, $120 in three annual installments of $40 each. The machine was delivered and examined, and conceded to be as represented, but the testator refused to pay for the same, or to execute his notes, as he had agreed to do, for the installments, giving as a reason that he had sold his farm to his sons, and did not need it. When the first installment fell…