City of Paragould v. International Power MacHinery Co.

This is a suit by the city of Paragonld and the commissioners of its municipal light plant to recover $20,000 damages for breach of warranty in a contract by which the appellee, International Power Machinery Company, sold a secondhand diesel-powered generator to the city for $45,000. The city contends that the seller warranted the generator’s diesel .engine to have been manufactured in 1950, but it was actually built in 1944. The chancellor held against the city upon two grounds: (a) There was no reliance upon the warranty, since the chancellor found that the city’s agents discovered the…