Bealafelt v. Hicks

JOSEPH HIGGINS, Sp. J.

This was an action brought by Hicks and wife against plaintiff in error for damages which they claimed to have sustained in consequence of a breach of contract and warranty respecting a furnace in an apartment sold by plaintiffs in error to Hicks and wife in February, 1927.

There was a plea of not guilty.

Upon a trial before the court and a jury there was a verdict for $633.25.

Plaintiffs in error made a motion for new trial upon various grounds to be hereinafter stated. This motion was overruled and thereupon the movants appealed in error to this court.

In the first…