Harnischfeger Sales Corporation v. Sternberg Co.

LAND, Justice.

This is a suit for payment for repairs and machinery parts furnished on two dragline machines owned by defendant. The two machines were purchased from the plaintiff. The defendant admits owing the plaintiff $1,037.76, representing the parts furnished on the older machine, but denies owing the balance, which represents repairs and replacement parts on the machine which had been purchased less than a year before the parts were furnished.

The warranty relied on as a defense to this suit for machinery parts is specifically embodied in the written contract of sale.

In the third…