United States Gypsum Co. v. Birdsboro Steel Foundry & MacHine Co.

Opinion by

Rhodes, P. J.,

This case arises out of the purchase of a hydraulic press by plaintiff from defendant. Plaintiff brought an action in assumpsit to recover damages for an alleged breach of an implied warranty of fitness for a particular purpose, and of certain express warranties and guarantees. Defendant obtained a judgment on its counterclaim.

We briefly recite the history of the proceedings prior to the argument in this court. Defendant filed a statutory demurrer to plaintiff’s statement, asserting that, as a matter of law, there was, under the facts alleged in plaintiff’s statement,…