Neumeyer

(after stating the facts as above). [1,2] Whether tested by the strict rules of the common law, or the rule contended for by the defendants in error, requiring only a substantial compliance with the terms of the contract by the seller, we should have no difficulty in bolding that such a departure in the matter of the length of the bars and such excess in weight of the steel, resulting in an additional cost over the contract price to the purchaser of more than $300, is not sanctioned by either of the rules referred to, and would have justified the latter in refusing to accept the shipment in question, had -such refusal been seasonably made on those grounds. But the case shows that the purchaser refused to receive the steel so shipped solely upon the grounds that the sellers’ solicitor was guilty of fraud in procuring the order, and that the defendant’s employe was without authority to give it, and therefore that there was no' sale or purchase.

The objections now relied upon to defeat the action were confessedly not made until about a week before the actual trial of the case —long after the suit had been brought, and more than'a year after the steel had been shipped to the…