102 Ga. 846 | Ga. | 1898
It appears from the record, that Lasky, a Savannah merchant, went to New York to purchase goods. On June 3, 1895, at the place of business of one Mrs. Cohen, in New York City, he purchased from her business manager 24 coats and vests and a dozen pairs of trousers, at stated prices, selecting the goods himself. He paid the seller, at the time of the purchase, $10.00, and agreed to pay the balance upon the delivery of the goods at Savannah. Subsequently, said manager with whom the transaction was had told Lasky that the articles purchased had been shipped him. On August 17, Lasky took from the express company’s office in Savannah a
The only material conflict in the testimony in this case arose upon the contention of the defendant in error, that a fraud had been practiced upon him by the vendor sending him goods which were entirely different from those ordered in the contract of sale, and that he was thereby fraudulently induced to part with his money for something that was never purchased by him. This issue the jury decided in favor of the defendant in error; and their finding not being contrary to the evidence, it