Avery Co. v. Herriot-Carithers Co.

Action by appellee Herriot-Carithers Company, hereinafter mentioned as appellee, against appellant.

There were three paragraphs of complaint, the first on the theory of breach of a written warranty, the sec*350ond on the theory that appellee, as the agent of appellant, was authorized to make a warranty for appellant, which it did, that appellee paid for the goods, that the goods warranted were worthless, and the purchaser refused to pay therefor. The third paragraph was dismissed.

It was averred in the first paragraph of complaint that appellee was in the retail hardware and implement business in…