Henry Glass & Co. v. Misroch

Smith, J.:

The action is brought by the seller for the purpose of recovering the purchase price of goods which were delivered to the defendant by the seller, consisting of 5,914J yards of dress goods. The plaintiff, the seller, claims that title to the goods has passed to the vendee, and, therefore, that it is entitled to recover the purchase price. It was so held by the court, provided the goods were of the quality contracted for. That question was left to the jury, which decided in favor of the plaintiff.

A new trial of this case would be required because of the admission in evidence of…