Rosenburg v. Capital Cut Stone & Granite Co.

The Capital Out Stone & Granite Company, a corporation, hereinafter called plaintiff, brought this action against Rosenburg & Company, a copartnership consisting of Barnett, Edward, Jack, Rudolph, W. H. and P. Rosenburg, hereinafter called defendant, for damages for a breach of warranty on the sale of a certain piece of machinery. The complaint set np general damages, and was amended at the trial to include special damages for material, labor, and freight charges incurred in an effort to repair the machinery. The matter was tried before the court without a jury and findings of fact duly…