Jenkins v. Northwestern Pipe & Supply Co.

This suit grows out of a transaction wherein the plaintiff in error sold to the defendants in error a quantity of casing located in an abandoned well, the casing intended to be bought weighing 20 pounds to the lineal foot, for a consideration of $200 actually paid upon the delivery of the bill of sale. When the defendants in error began to extract the casing from the well, they discovered for the first time that the casing only weighed 13 pounds to the lineal foot. Whereupon the defendants in error tendered the casing back to the plaintiff in error and demanded the return of the $200. This…