Loeblein v. Clements

Nrner., L, delivered the opinion of the Court. The appellants, who are engaged in the marble and granite business! in Baltimore County, ordered from the appellees, who are granite dealers in Massachusetts, a monument of that material, which the purchasers had contracted to erect in a local cemetery. The monument was to consist of a bottom base, second base, die and cap, of specified dimensions, and the price for which it was to be furnished by the appellees was $434. In due time the monument, in crated sections, was shipped by rail to the appellants, and was moved by them directly from the car to the cemetery without inspection.

When the various parts had been placed in position, it was discovered that there were several spots on the cap and-die which the appellants regarded as defects. Without waiting to give the appellees an opportunity to replace those' sections of the monument, the appellants attempted to remove the supposed blemishes by cutting into the surface of the granite. Later on they removed the cap and die to their place of business, and substituted for them corresponding sections, oN tained from another source, which they erected on the bases procured from the appellees. This suit has resulted from the refusal of the appellants to pay the purchase price for the monument on the ground that it did not conform to the specifications.

At the trial of the case a verdict was rendered by the jury in favor of the plaintiffs for the amount claimed under the-contract of sale. The judgment entered on the verdict is the basis of this appeal. There .are three bills of exception in the record, but they need not be separately discussed, because the plaintiffs were 1 clearly entitled to recover, and the defendants- have therefore no legal occasion