Timberland Lumber Co. v. Climax Mfg. Co.

DAVIS, Circuit Judge.

The Timberland Lumber Company brought this action in assumpsit to recover damages from tho Climax Manufacturing Company on the warranties and promises of the Climax Company to the Timberland Company that a locomotive built by the Climax Company and sold to the Timberland Company through the Vancouver Depot Machinery Company, Limited, an independent dealer, would comply with certain requirements.

To the statement of claim, the Climax Company filed an affidavit of defense raising questions of law and averring that the statement does not disclose any claim on which a judgment…