Wolverton v. McCabe

This is a suit in assumpsit to recover for a bill of shoes, amounting to $112.50. The suit was tried in justice’s court, appealed to the circuit court, where plaintiffs recovered a verdict and judgment *266against tbe defendants for $35, and defendants-bring it to this Court by a writ of error. Defendants pleaded the general issue, and gave notice that they were induced to purchase the goods by false and fraudulent representations; that they rescinded the sale, and notified plaintiffs that they held the goods subject to their order.

The goods were ordered in November, 1887, shipped February 28,…