Toledo Agricultural Works v. Work

— This was a suit by the Toledo Agricultural Works, against Wesley I. Work, for the value of a “ Sulky Mower,” delivered to him upon his written order,and estimated to be worth $190.

Tbe sale was subject to a warranty as follows:

*254“"Warranted, that tlie machine herewith ordered shall be well built, of good material, and capable of cutting, if properly managed, an acre of grass or grain per hour, with a pair of good horses,” the purchaser to have the privilege of a trial of the machine.

The defendant answered in five paragraphs:

1. That he purchased the machine in DeKalb county, in this State ;…