F. A. North Co. v. Beebe

Eldredge, C. C. J.

This is a motion to strike an answer to a complaint filed by the plaintiff against the defendant to recover the sum of $338, due on a contract in writing for the sale of a piano by the plaintiff to the defendant.

*760The defendant, by way of answer, says that “the said piano was warranted at the said time and place to be a new and unused piano and that it would render reasonable and proper service.”

The amended answer then sets up three special defenses: (1) a repetition of the above recital from the answer; (2) that no bench was delivered with the piano, and (3) that because of…