Hill and David v. Montgomery Ward

Fox, President:

The plaintiff, Hill, Gain & Company, a partnership, prosecutes this writ of error to a judgment of the Circuit Court of Harrison County entered upon a verdict directed in favor of the defendant, Montgomery Ward & Company, a corporation.

Plaintiff’s action in assumpsit is based on an alleged breach of a guarantee or warranty growing out of the sale of one oil-burning Trukold Refrigerator. The sale was made in September, 1932, and the refrigerator delivered by the defendant to the plaintiff’s place of business in Doddridge County. Printed on or attached to the reverse side of a…