J. P. Anderson Co. v. Gold Medal Candy Corp.

BYERS, District Judge.

The plaintiff seeks judgment for the unpaid balance of $3,139.00, its charges for building and delivering a candy-cutting machine to the defendant. The latter asserts a counterclaim for breach of implied warranty of fitness in the amount paid on account ($5,683.00), and by amendment at the trial; the Statute of Frauds as a defense. By similar action, the answer was amended to deny acceptance of the machine which was alleged in the complaint.

There are no conflicting versions of fact to be resolved, since the testimony is undisputed as to all matters essential to decision;…