Van Zandt-Moore Iron Works v. Axtell

DUNKLIN, Associate Justice.

— E. W. Axtell sued the Yan ZandtMoore Iron Works to recover the purchase price of an engine, and from a judgment in favor of the plaintiff the defendant has appealed.

The defendant pleaded specially that the, engine was purchased by the Yan Zandt-Moore Iron Works for the use and benefit of Bode & Lux; that plaintiff, with knowledge of that fact, negotiated with both firms in the sale of the engine and that as' a part of the contract of sale Axtell warranted that the engine would furnish a certain amount of power by using a given quantity of gasoline, and agreed with…