Groenland v. Phœnix Sprinkler & Heating Co.

Plaintiff had in his dairy a home-made milk-cooling device. Defendant solicited him to purchase its cooling machine, and he did so under a conditional sales contract containing a guaranty:

“We guarantee this model 150 Lipman Machine Full Automatic Refrigerating Machine to 'be of sufficient capacity to maintain temperatures as follows: 35 degrees Fh. in the milk cooler box and to cool water in tank to 35 degrees Fh.”

The machine was installed about July 1, 1924, did not meet the guaranty, was replaced by a larger one and efforts made and money expended by plaintiff to make it work, but,…