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dation and contrary to authority, was distinctly and admirably brought to the notice of the Court in Fraley v. Bispham, 10 Barr, 323, but with no other effect than to fasten the erroneous rule more firmly on our jurisprudence.

On two occasions the Legislature have been applied to for relief, and to put us on the level of civilized nations; but we could get no attention, — such subjects seemed to be beneath or above the statesmen who rule us.[1]

R. C. McMurtrie.

Philadelphia, Pa.

  1. At the last session the Legislature enacted that a sale by sample should create an implied warranty of correspondence of sample and bulk.