J. I. Case Threshing Machine Co. v. Rose

*434Opinion op the Court by

Judge Clay

Reversing.

In the month of March, 1917, the J. I. Case Threshing Machine Company sold to R. L. Rose and W. C. Rose a plow and engine for the sum of $1,168.00, of which the purchasers paid one-half in cash and executed their note for the balance, payable December 1,1917.

The contract contained the following provisions:

£ £ Said machinery is purchased upon and subject to the following mutual and interdependent conditions, and none other, namely: It is warranted to be made of good material and durable with good care, and to be capable of doing more and better work…