Rogers & Thornton v. Otto Gas Engine Works

The Otto Gas Engine Works brought suit in trover against Rogers & Thornton for the recovery of an engine sold under retention of title. The defendants filed a plea alleging failure of consideration, damages for breach of warranty, and other breaches of contract by the plaintiff; also setting up partial payments. The action was proceeding in a city «court, and, upon the plaintiff's electing to take the specified property, the judge struck the defendants’ pleas and excluded the evidence offered thereunder, on the ground that the action was purely one at law — his holding being that the…