Courier-Herald Publishing Co. v. American Type Founders Co.

1. Where there has been a sale of an entire outfit of printer’s type and type materials for a gross sum, to be paid for partly in cash, the remainder in notes maturing monthly, and the sale contract is liquidated by payment of the cash and the giving of the notes by the purchaser, without knowledge, actual or legal, of a shortage in delivery, and where thereafter the buyer complains of such shortage to the seller, who suggests that still another arrangement be made, by which another set of notes in lieu of the prior ones be given, which is done, coupled with a promise of rectification of the…