Anderson v. Sheehan-Bartling, Inc.

I accept as a correct rule of law in this case the statement of the majority that “If there was no bad faith and plaintiff was honestly dissatisfied, his determination was conclusive.” That is another way of saying that “It is the fact of actual dissatisfaction that relieves him from paying for the article, and not the fact that he says that he is dissatisfied.” Garland v. Keeler, 15 N.D. 548, 108 N.W. 484, 485. However, it seems to me that the manner in which this case was tried does violence to that principle of law. Consequently, I dissent.

While the purchaser did not specifically plead his…