Tufts v. Mabie

*130The opinion of the court was delivered by

Mahan, P. J. :

The plaintiff in error sued the defendant in. error to recover the price of a soda-fountain and appurtenances sold by plaintiff to defendant upon a written order. The plaintiff delivered a soda-fountain and appurtenances on May 28, 1891. The defendant contends that it was not the soda-fountain contemplated by the order ; that he refused to accept it upon inspection ; and, upon discovering that it was not the fountain ordered, notified plaintiff through his agent that the fountain delivered was not the fountain ordered, and that he held it…