Lilienthal v. Suffolk Brewing Co.

This is an action of contract, for refusing to accept and pay for seventy bales of hops, bought of the plaintiffs by the defendant. The defences are that the defendant was induced to make the contract by the fraudulent representations of the plaintiffs’ agent, one Horst, as to the market price of hops, and that the agreement was made subject to a condition on the same matter which was not satisfied. According to the testimony of Smith, the defendant’s president, who made the bargain with Horst, Horst called on him several times, trying to sell hops. On a Saturday Horst said that hops were…