Morehead Manufacturing Co. v. Western Straw Products Co.

The opinion of the court was delivered by

West, J.:

The Western Straw Products Company bought of the plaintiff a vacuum trap, the contract reciting that the price, $450, was to be paid “60 days net from date of invoice, or 2 per cent for cash ten days from date of., invoice. Machine to be returned to us at our expense at the end of sixty days from date of invoice if it does not do the work properly, if installed as per our directions.” The shipment was made March 27, 1913. This action was brought to recover the purchase price. The plaintiff failed and appeals.

*580Its position is that the trap was…