New York Court of Common Pleas January 5, 1891 (Curtis v. Soltau)

Daly, C. J.,

(after stating the facts as above.) Upon the trial of the action, the defendant offered evidence of conversations with the plaintiff at and before the sale, and letters of the plaintiff"written before the sale, to prove that the sale was by sample, and also that the plaintiff, at 'the time of the execution of the written memorandum, warranted that the gutta-percha was of the same