Evans v. Mitchell

This was a suit for $120, the balance alleged to be due on the purchase-price of a heater sold and delivered to the defendant for $159.50. The defendant pleaded that there had been a breach of warranty, in that it was represented and warranted that the heater would heat her entire house, and that it had failed to do so. On the trial the evidence for the defendant was to the effect that the heater would not comfortably heat the six downstairs rooms of the defendant’s house, but that it did heat a portion of the house. No testimony was offered as to the value of a heater such as one that would…