186 Ind. 434 | Ind. | 1917
It appears from the record in this case that on May 6, 1913, appellants purchased from appellee one carload of “unwashed brass ashes” and five barrels of aluminum grindings. The ashes in question were represented by appellee as taken from the furnaces of the Indiana Brass & Bronze Company, in Marion, and were purchased by appellants to be “washed” or smelted in order to recover the chance spillings and pieces of brass which fell into the ashes during the operation of the foundry. After the carload of ashes had been shipped to the refinery, a controversy arose as to their value for the purpose indicated, and appellants declined to pay the balance due on the purchase price. Appellee thereupon brought this action, and recovered a judgment against appellants in the sum of $135.38.
The issue of sale by sample presents a question of fact on which the decision of the trial court against appellants is fully supported by the evidence. No contention is made that the proof does not support the allegations of the complaint, nor that appellee failed to deliver the ashes actually sold to appellants, nor that the circuit court erred in any of its rulings during the trial.
Note. — Reported in 116 N. E. 738. See under (1) 102 Am. St. 607; (2) 11 Cyc 236.