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WINCHESTER & PARTRIDGE MFG. CO. v. FUNGE

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109 U.S. 651 (1884)

3 S.Ct. 436

27 L.Ed. 1064

WINCHESTER & PARTRIDGE MANUFACTURING COMPANY, v. FUNGE.

Supreme Court of United States.

Decided January 7, 1884.

Attorney(s) appearing for the Case

Mr. F.S. Richards, and Mr. R.K. Williams for appellant.

Mr. James N. Kimball, Mr. Abbot R. Heywood, and Mr. Enos D. Hoge for appellee.

MR. JUSTICE BLATCHFORD delivered the opinion of the court.

We are of opinion that, on the terms of the receipt which expressed the contract between the parties, the appellant or its agents were required to determine, on receiving the wagons, whether they were in good condition and merchantable order, and were at liberty to reject them if not meeting those conditions; that the receiving the 21 and proceeding to sell them was...

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