Massachusetts Supreme Judicial Court March 15, 1849 (Casco Manufacturing Co. v. Dixon)

Shaw, C. J.

This is an action on the case, to recover damages for the loss sustained on a parcel of, cotton, purchased of the defendants by the plaintiffs, in consequence of fraud in the bales being falsely packed. The sale is alleged to be a sale by sample. On the facts stated, it is questionable, whether the sale was a sale by sample, in the sense in which that term is commonly used.