Carpenter Steel Co. v. Pellegrin

ASHBURN, J. †

This controversy revolves around alleged breach of express and implied warranties claimed to have been made by the plaintiff manufacturer upon sale to defendant of certain steel wire to be fabricated for him. Defendant gave to plaintiff a postdated check for the purchase price, same was dishonored and this action was brought by Carpenter Steel Company, the seller, to recover upon the check. The buyer, Pellegrin, by way of recoupment and cross-complaint for damages relied upon express and implied warranty. After a nonjury trial the court found for plaintiff and awarded judgment…