Provines v. Heaston

The object of this action was to recover the supposed value of an “ Avery Corn-Stalk Cutter,” alleged to have been sold by the appellant, Provines, to the appellee, Heaston.

The defendant answered:

1. Admitting the purchase, but alleging that the plaintiff verbally warranted that the machine would do good and satisfactory work; that after fairly testing such machine, and ascertaining that it would not do good and satisfactory work, he returned it to the plaintiff'.

2. Also admitting the purchase, but averring that the machine was of no value whatever, and had been returned to the plaintiff', as…