Colt Co. v. Mallory

J. B. Colt Company filed suit in the city court of Madison against T. A. Mallory for $205 alleged to be due un*290der a written contract of sale of certain personal property which the seller expressly warranted “to be a thoroughly galvanized steel acetylene generator, automatic in action, and of good material and workmanship.” The defendant pleaded among other things, that the apparatus was purchased of the plaintiff to be used as a home lighting plant, and was “not constructed of good material and . . was built or constructed in such an imperfect manner that it allowed a dangerous and…