Flint v. Cook

This suit was brought to recover the price of a wind-mill, which it is alleged was sold and delivered by Flint, Willing & Co., of Kendallville, Indiana, to James M. Cook. The contract of sale is in writing, and contained among other stipulations the following: “ If you accept this order and ship me the goods ordered above, it is with the distinct understanding, and is a part of this contract, that if the wind-mill does not work well for sixty days after erected, I am to notify you and give you ninety days after receipt of such notice by you in which to remedy the defect, and if you can not…