American Heating & Plumbing Co. v. Veters

WESTERFIELD, Judge.

This suit grows out of a written contract between plaintiff and defendant, whereby, for a consideration of $2,350, plaintiff agreed to install in defendant’s residence an oil-burning heating plant. Plaintiff claims $350, the balance due under the contract, represented by three promissory notes. The defendant in her answer averred that there was a failure of consideration of the notes sued on because the heating plant, in part payment of which they were issued, was radically defective in that it failed to conform with the representations and guaranties expressed in the…