Fetzer & Co. v. Williams

The opinion of the court was delivered by

Mason, J.:

Fetzer & Co. brought action against F. N.. Williams, June 2, 1906, to recover the unpaid portion of the agreed purchase-price of some farm machinery. In defense he asserted that he had been damaged by a breach of warranty in a larger amount than the sum sued for. His contention was sustained and he recovered a judgment, from which the plaintiffs prosecute error.

The answer was attacked by general demurrer, by motion for a judgment on the pleadings, and by objection to the introduction of evidence, on the ground that some of its averments were…