The indigo was sold by sample ; and that is a warranty that the bulk is of the same kind and quality with the sample.1
Defendant defaulted.
See Long on Sales, (Rand’s edit.) 191,192; Gallagher v. Waring, 9 Wendell, 20; Beebe v. Robert, 12 Wendell, 413; Andrews v. Kneeland, 6 Cowen, 354; Boorman v. Johnson, 12 Wendell, 566; Chitty on Contr. (4th Am. edit.) 360.