16 Kan. 35 | Kan. | 1876
The opinion of the court was delivered by
The action below was for liquors sold and delivered by defendant in error to plaintiff in error. The case was tried before the court without a jury. No special
Again, it is urged that, though these principles may be applicable to most of the account, yet as to one barrel of whisky the circumstances of the sale make a very different case, and show a sale in Leavenworth. It appears from the testimony of McCarty that one barrel of whisky that was shipped to him was inferior to the sample, and that he refused to accept it, and so notified plaintiff; that upon plain
The judgment must be affirmed.