Woodrum v. Gross

Citations

• 90 Va. 60
• 17 S.E. 764
• 1893 Va. LEXIS 11

Syllabus

<p>Sale — Breach—Verdict—Evidence—Case at bar. — Defendant agreed to pay plaintiff §200 if he procured Spanish cigarette paper put up in reels suitable for use in defendant’s machine and to buy 1,000 reels from plaintiff. He procured a sample reel of the paper, which defendant approved and ordered 500 reels like it. These plaintiff procured. Defendant refused to take them, claiming they were not like the sample. After some delay he paid the §200. At trial of action for price of the 500 reels an expert testified that these reels were exactly like the sample. Verdict was for plaintiff.</p> <p>Held :</p> <p>The verdict could not be disturbed.</p>