Hanna-Breckinridge Co. v. Holley-Matthews Manufacturing Co.

NORTONI, J. —

This suit originated before a justice of the peace, and found its way into the circuit court, where plaintiff recovered a judgment of $225, from which defendant prosecutes the'appeal.

From a reading of the statement filed before the justice and on which the case was tried, it would seem to be a suit on account, but the evidence reveals instead that it proceeds as for the breach of an express warranty pertaining to the sale of some second-hand machinery. However, the sufficiency of the statement of the cause of action is not challenged in any way here nor is any point made as to a…