Dexter & Carpenter, Inc. v. E. W. Bliss Buildings, Inc.

This action was brought to recover the contract price of certain coal delivered to the defendant under a written agreement.

Evidence offered by defendant to prove an express warranty was properly excluded, but the court also struck out evidence by defendant’s witness of a conversation with plaintiff’s representative to the effect, in substance, that he explained the particular and peculiar use for which defendant needed the coal and that the plaintiff assured him that- the coal which it proposed to furnish and which was provided for in the agreement subsequently signed would meet defendant’s…