Moar v. Beaudry

Plaintiff (appellant) initiated this action to recover the unpaid balance due under a conditional sales contract of a sawmill. The defendants (respondents) defended and counterclaimed upon grounds of breach of express warranty. Plaintiff replied, relying upon waiver and the statute of limitations. The trial court, sitting without a jury, entered judgment dismissing plaintiff’s claim and defendants’ counterclaim. Plaintiff appeals.

The undisputed facts reveal that: In February, 1955, the parties orally negotiated the sale and purchase of the sawmill in question; snow then prevented inspection…