Pugh v. Long

The case is here upon a writ of error to review a judgment of the Municipal Court in favor of defendant in error. The facts are these:

Defendant in error, whom we shall call plaintiff, agreed to sell and deliver to plaintiff in error, whom we shall call defendant, a carload of turkeys. The price per pound was based upon grades. Upon arrival of the car, defendant, made a superficial examination, and, without more, delivered to plaintiff cheek for the price of the turkeys on the basis of plaintiff’s grading. The same afternoon defendant discovered that the turkeys were not up to grade, and…