Austin Co. v. Tillman Co.

BEAN, J.,

Concurring. — To the plaintiff’s suit for the sum of $7,233.25 for the purchase price of one Austin portable asphalt mixing plant after deducting $1,466.75, which defendant paid as freight, the defendant, after denying many allegations of the complaint, pleads in effect that the mixing plant ordered by defendant from plaintiff did not correspond with the one described in the order, and in the catalogue of plaintiff (pages 32 and 33) referred to in the order; that the plant was shipped from Chicago, Hlinois, and defendant had no opportunity to inspect the *560same; that it was received at…