Clark Lumber Co. v. Kelley

The opinion of the court was delivered by

Burch, J.:

The action was one to enforce a mechanic’s lien for material furnished for construction of a building. Defendant counterclaimed damages resulting from breach of warranty of quality of the material. Plaintiff recovered and defendant appeals.

The answer alleged that while defendant was engaged in con*286structing a building,, he negotiated with plaintiff's agent for purchase of Acme cement or plaster, which plaintiff, through its agent, orally-represented was and would be good, first-class material to be placed on the walls and ceilings of the…