Cook v. Sheehan

Citations

• 16 S.D. 92
• 91 N.W. 452
• 1902 S.D. LEXIS 83

Syllabus

<p>1. Plaintiffs sold defendants 5,000 cigars by sample, 1,000 [of which were shipped immediately, and the remaining 4,000 in a few months. Held that, in an action for the price of the 4,000 shipment, evidence that the 1,000 shipment was not equal to the sample was not admissible, in the absence of proof that the latter shipment was similar in quality to the former.</p>