Frey v. Macon Sash, Door & Lumber Co.

It appears from the record that the Macon Sash, Door and Lumber Company sold to Mrs. Wilder a certain quantity of “ aluminite ” to be used in plastering her house. Some time later she gave her promissory note in payment. When the aluminite was delivered, the vendors .furnished the vendee certain printed instructions as to how the aluminite should be made up and applied. Mrs. Wilder died, and her executor refused to pay the note. The ■company thereupon brought suit against him. He pleaded a total failure of consideration, in that the aluminite had proved utterly worthless for the purposes for…