Heisig Rice Co. v. Fairbanks, Morse & Co.

GILL, Chief Justice.

Fairbanks, Morse & Co., a foreign corporation, sued the Heisig Rice Company, a domestic corporation, to recover the balance due upon the purchase price of certain machinery sold by the plaintiff to defendants. The pleaded defenses were breach of warranty of the quality and fitness of the machinery sold, and a prayer by way of cross-action for corisequential damages alleged to have been suffered as a result of the failure of the machinery to come up to the standard contracted for. A jury trial resulted in a verdict and judgment for plaintiff for the sum sued for and…