Frantz Equip. Co. v. the Leo Butler Co.

Opinion by

Mr. Justice Horace Stern,

Defendant, having purchased a hoist from plaintiff, refused to pay for it on the ground that after it was received and put into operation it was found to be in a materially defective condition and unfit for use. In this action to recover the purchase price the trial judge, sitting without a jury, found for defendant; exceptions were dismissed by the court en banc and from the judgment entered in favor of defendant plaintiff appeals.

Defendant had a contract with the City of Philadelphia for the construction of a portion of an interceptor sewer, for which…