W. A. Case & Sons Mfg. Co. v. Cerine

Opinion by

Parker, J.,

The plaintiff, a corporation, brings this action to recover the price of merchandise sold and delivered. J. N. Cerine, defendant, in his affidavit of defense admits the oral contract of purchase and the delivery, but, for further answer, alleges that “the goods were found to be unsatisfactory and unsuited, for the purposes for which they were intended. I had a personal the plaintiff company, and told him that the articles interview with the duly authorized representative of shipped were not satisfactory and that I could not make use of them. I was then and there…