Guyandotte Coal Co. v. Virginian Electric & Machine Works

McGinnis, Judge:

This suit is an action of trespass on the case in assumpsit.

The declaration contains a common count in assumpsit and also a special count, setting up that on the.day of July, 1920, the plaintiff purchased from the defendant for imme-miate use, a certain mining machine of the Goodman type, described as a 12AA Goodman machine, which was represented to the plaintiff by said defendant to be in good condition and working order and practically as good as a new machine of the same kind and make, and to have been used for a less time than one year, at the price of $3500.00 to be…