Imperial Portrait Co. v. Bryan

The plaintiff instituted an action in a justice’s court, to recover a judgment' against Bryan for a bill of goods amounting to $17.75. The defendant pleaded that goods similar to those named in the account attached to the summons were shipped to him, but they wholly failed to come up to samples and were immediately rejected by defendant and returned to plaintiff. The jury returned a verdict for the defendant. The plaintiff presented a petition for certiorari, which was sanctioned, and on the hearing was overruled, and the plaintiff excepted. The order for the goods was as follows:

“Imperial…