Kirsch v. Coon

This action was brought upon the common counts and a bill of particulars to recover the value of certain waterproofing materials. The defendant filed a special defense alleging that he bought the materials described in the plaintiff’s bill of particulars of William Sanford for use in waterproofing the garage of Harry Johnson, that Sanford warranted that they would in fact make the garage waterproof and that they failed to do so. A demurrer to this defense was sustained on the ground that it alleged no facts which connected the plaintiff with the warranty. Upon the trial it appeared to be…