John Fabick Tractor Company v. Lizza & Sons, Inc.

HAYS, Circuit Judge.

Plaintiff, a Missouri corporation, brought this action against defendant, a New York corporation, to recover the balance of the purchase price of certain tractors and tractor equipment sold by plaintiff to defendant. The defendant counterclaimed for breach of warranty, claiming that the plaintiff delivered used tractors although the contract had called for new machines. The action was tried to a jury which returned a verdict for plaintiff in the amount of $22,480.40. Defendant complains of error in certain rulings of the trial court. The parties appear to have assumed that…