Bull v. Morrison

I. A finding on the conflicting evidence that the original contract for purchase of chats provided for shipment at the rate of one car per week would be sustained by the evidence. Under such contract Morrison & Coleman would not have been bound to accept the six cars shipped on July 9th and 10th and the two cars shipped on July 16th and 17th. 35 Cye. 179; Mechera on Sales, §§ 1138 and 1139.

Morrison & Coleman, having refused to accept the shipment, might show these facts in defense of the action to recover the price of the chats with no other pleading than a general denial. Altgelt v.…