Columbia Weighing Machine Co. v. Vaughan

The opinion of the court was delivered by

Harvey, J.:

This is an action for goods sold on a written contract. It was tried to the court. A demurrer was sustained to plaintiff’s evidence. Judgment was rendered for defendant and plaintiff has appealed.

The contract is in the form of an order -signed by the defendant, and, so far as here material, reads as follows:

“You may ship us one Columbia Mirror weighing machine, freight paid. It is sold to us with the understanding that we may return it to you at any time within thirty days from date of arrival of the machine; instead of paying the purchase…