Union Paint & Varnish Co. v. Dean

This is an action in assumpsit to recover the purchase price of roof paint. The trial justice directed a verdict for the plaintiffs for $59.40, the contract price, and the case is before us on the defendant’s exceptions to the exclusion of testimony and on his exception to the direction of a verdict.

The plaintiffs’ agent on December 31, 1924, sold the defendant, on sixty days credit, a drum of paint The trade name of the paint was “Firestone Asbestos Coating.” At the time the paint was sold and delivered the plaintiff’s salesman knew that the defendant was not ready to use the paint, and…