Lunsford v. Electric Paint & Varnish Co.

The Electric Paint and Varnish Company brought suit against J. S. Lunsford, to recover the contract price of two barrels of paint which it was alleged the plaintiff had *97shipped to the defendant, pursuant to a contract of sale. It was alleged that after the defendant had accepted the goods he returned them to the plaintiff, which received them and retained them for the defendant’s benefit. The defendant, in his original plea as amended, denied liability; he admitted that he had contracted with the plaintiff to buy the paint, but alleged that before the goods were shipped he notified the…