Baker v. Smith-Booth-Usher Co.

Plaintiff purchased a pump from the defendant for $2,865, and paid five hundred dollars on account of the purchase price. The pump was installed by the defendant in a well dug by the plaintiff. Plaintiff claims that the pump failed to comply with both express and implied warranties, and brought this suit to recover from the defendant the amount of five hundred dollars theretofore paid by her on account of the purchase price, and seven hundred dollars expended by her in connection with the installation of the pump: The defendant after denying the breach of warranty and by way of…