Alcorn Combustion Co. v. Kellogg Co.

Opinion by

Mr. Justice Simpson,

The Alcorn Combustion Company, hereinafter called “Alcorn,” sued The M. W. Kellogg Company, hereinafter called “Kellogg,” to recover a fixed sum defendant agreed to pay, during the minimum duration of a written contract between them, which contract, defendant cancelled, claiming the right so to do because plaintiff had breached a warranty forming part thereof. Plaintiff recovered a verdict and judgment and defendant appeals.

Three weeks were required for the trial of the case, and the resulting record of 1,696 printed pages furnishes abundant proof that many…