Carey v. City of East Saginaw

Sherwood, O. J.

This suit ivas brought to recover for a quantity of sewor-pipe sold and delivered by plaintiff to the defendant, or 'rather to its sewer board, acting for the city, in 1881; the balance of the account for which the plaintiff claims being $390.06, with interest, from July 15, 1881.

The declaration was upon the common counts. Plea,, general issue, with notice of recoupment, on the ground that plaintiff warranted the pipe strong and perfect, and to be made of good material, and fit for the purpose of sewer construction, whereas defendant avers that said pipe failed in all these…