Zimmerman v. Druecker

Appellee brought this action in the court below, to recover of the appellant for an alleged balance due for cement sold and delivered by appellee to appellant. The appellant filed a counterclaim, setting up an implied warranty of the cement. A demurrer was sustained to this pleading, and this ruling is the first error assigned.

It is alleged, in this pleading, that the cement described in the complaint is the kind usually sold by the appellee to construct cement-paved sidewalks, and that it was purchased by the appellant for the purpose of constructing and building cement-paved sidewalks in…