Fiorito v. Clyde Equipment Co.

BOURQÜIN, District Judge.-

Plaintiffs in error brought this action at law to recover special damages arising from breach of warranty. Defendant answered that the contract is in writing, and from the warranty excepts special damages. And plaintiffs replied that they signed the writing without reading it and in reliance upon defendant’s misrepresentation that it conformed to the prior oral agreement for a general warranty.

In this anomalous state of the pleadings, without repleader or transfer to the equity side of the court and without any appropriate objection to procedure or evidence, there…