Lang Co. v. Grandview Mutual Canal Co.

PORTER, Justice.

By its complaint appellant alleged generally that on November 17, 1949, appellant and respondent entered into a written contract whereby appellant sold to respondent certain irrigation pumping equipment for the agreed price of $13,335. That there was a balance due and unpaid on said contract in the sum of $1,500, for which sum appellant prayed judgment. Respondent by its answer admitted the allegations of the complaint except it denied there was a balance due appellant on such contract.

As an affirmative defense and cross-complaint, respondent alleged appellant warranted and…