Pace Construction Co. v. Brandeis MacHinery & Supply Co.

Opinion op the Court by

Judge Clay

Affirming-.

By written contract dated July 17, 1928, the Brandéis Machinery & Supply Company sold to the J. F. Pace Construction • Company a No. 8 Telesmith mounted rock crusher of certain character and dimensions for the price of $4,6.69, of which $1,167.25 was paid in cash and three notes for $1,167.25, due in 60, 90, and 120 days, executed for the balance. The contract contained the following warranty:

“Said machinery is purchased upon and subject to the following mutual and interdependent conditions, and hone others, namely:

“We guarantee said machinery to be…