Butler v. Toole

Opinion oe the Court by

Drury, Commissioner

Affirming.

The appellees W. L. Toole and Leslie Toole, whom we shall call the plaintiffs, on the 13th of April, 1926, bought of S. W. Butler a rock crusher at the agreed price •of $500. On May 13, 1926, they sued Butler to recover the consideration and rescind the contract, hasing their action upon an alleged warranty of the crusher. On motion of the defendant, the case was transferred to the equity side of the docket. On motion of the plaintiffs, the court submitted to a jury three questions out of chancery: (1) Did the defendant warrant or guarantee…