Watkins v. Phelps

This action was begun before a justice of the peace. The declaration, though oral, was as entered, a formal one of three counts, all setting up a promise by *181the defendants to furnish and erect in plaintiffs’ dwelling a hot-air wood furnace, and warranting that the same should, in all conditions of weather, properly heat said dwelling; that upon the completion of said heating plant, plaintiffs paid to said defendants therefor $289.06; that • said furnace was inadequate to, and never did, heat said house in many conditions of weather. Two of the counts alleged damages by reason of the breach of…