Burton v. Morrow

The firm of "Wood & Smith was engaged in the cooperage business at Indianapolis, and manufactured tierces for Kingan & Co. By oral agreement between the parties, the tierces were to be delivered to Kingan & Co. at their packing house, subject to inspection and counting by a representative of the purchaser. Air-tight tierces thus delivered and accepted were to be paid for; butr *223if, on inspection, any were found not air-tight, they were to be taken away by Wood & Smith and made air-tight.

If tierces were at any time manufactured faster than they were needed by Kingan & Co., the surplus tierces…