Cleveland & Sons v. Evans

1. After acceptance of goods purchased, the presumption is that they are of the quality ordered, and the burden is on the buyer to prove the contrary. Civil Code (1910), § 4137.

2. In this action by the purchaser against the sellers to recover damages for an alleged breach of an implied warranty in the sale of personalty, the evidence did not demand the inference that the property was wholly worthless as alleged, nor did it furnish such data as required a finding in the plaintiff’s favor for a larger amount than that awarded, as for a partial failure of consideration. In these circumstances it…