Nature of the Case
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Facts
P solicited D to make a large portrait of D's deceased daughter. P told D that if it was not perfectly satisfactory to him in every particular, he need not take it or pay for it. P showed the finished work to D and D refused to accept it. P endeavored to ascertain what the objections were and P then sent the picture away to the artist to have it changed. D sent a letter reciting the original agreement, stating that the picture shown him the previous day was not satisfactory and that he declined to take it or any other similar picture, and countermanded the order. D refused to look at the picture again. P sued D in assumpsit for payment on the contract. D got the judgment and P appealed.
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