Denney v. J. B. Colt Co.

This is a suit on a promissory note for $238.35 given by T. H. Denney, the defendant, to the J. B. Colt Company, a corporation, the plaintiff, for the purchase price of an acetylene lighting plant. The jury re turned a verdict in favor of tlie plaintiff, and from a judgment thereon by the court this appeal is prosecuted by the defendant. The cause was tried on general issue, want of consideration, and recoupment pleas lettered “A” and “Q.”

The contract between the parties contained the following warranty:

“It is agreed that in accepting this order the company warrants the apparatus furnished to…