Phelps v. Whitaker

Plaintiffs in error brought an action of assumpsit to recover the price and value of a certain wind mill, pump and other things pertaining thereto, put up by them upon defendant’s premises, upon his written request;

Defendant put in a plea of the general issue with a notice attached thereto, alleging breach of contract, breach of warranty, the obtaining of his signature to the written order by false and fraudulent representations, and failure of consideration.

Upon the trial plaintiffs introduced in evidence a written order from defendant, under which they furnished and put up the mill, which…