da Ponte v. Simonian

Appellant, N. Y. Simonian, was a dealer in Oriental rugs. Respondent, L. B. da Ponte, purchased of him six rugs, a separate value being fixed and agreed upon as to each one. None of them was sold as a second-hand rug. Respondent paid $468 for five of them by trading in five used rugs at the agreed aggregate value of $200 and paying the balance of $268 in cash. The sixth rug, price $750, was paid for in cash. Later, the respondent discovering that one of the rugs for which he paid $110 and the one for which he paid $750 were second-hand rugs. at the time he purchased them, and of greatly…