Walston v. R. B. Whitley & Co.

The plaintiff brought this action to recover for breach' of warranty in a sales contract alleged in the complaint to have been made between the plaintiff and the defendant R. B. Whitley & Co., Inc., as agent of its codefendant, General Foundry & Machine Company.

The alleged breach of warranty was in connection with a contract of sale of Gainey Tobacco Curers, oil burning machines manufactured by the Machine Company, which, it is alleged, because of defective manufacture failed to cure plaintiff’s tobacco crop properly and within a reasonable time and efficiency in breach of the said warranty.

Th…