Patterson Foundry & MacHine Co. v. Detroit Stove Works

Plaintiff, the manufacturer, took' de fendant’s order for three type C porcelain lined wet grinding pebble mills at $475 each, and one type E mill at $130, total $1,555, f. o. b. East Liverpool, Ohio, plaintiff’s residence. The sale was by description and without inspection. The mills were forwarded. The amount due was reduced by payments to $605, which defendant refused to pay, claiming breach of implied warranty and damage resulting therefrom. Sued for the remainder of the price, defendant, with its plea of general issue, gave notice of the claimed breach of such warranty and claimed damage…