HART
V.
MILLS

HART v. MlLLs. Jan. 28, 1846.

Fact

The defendant ordered of the plaintiff two dozen of port and two dozen of sherry, with the understanding, that, if it were not approved, he should return it. The plaintiff sent him four dozen of port and four dozen of sherry. The defendant was not satisfied with its quality, and returned the whole, except one bottle of the port and one dozen of the sherry, with a letter to the plaintiff, in which he stated that his order was for two dozen of each kind of wine; that he should not have refused to kecp the four dozen if the quality had suited him, but that, as it did not, he returned the four dozen of port minus one bottle, which he had tasted, and three dozen of the sherry Held, that the defendant was liable only for the price of the wine he actually kept.

Debt for goods sold and delivered, and on an account stated. Plea, except as to the sum of 21. 17s., parcel and c., nunquam indebitatus ; as to that sum, payment into court. At the trial, before the Sec…