Smith v. Evans

Lake, Ch. J.

There are several errors shown by the record in this case which call for a reversal of the judgment. There is error in the charge of the court to the jury, and the verdict is clearly against the evidence and the law of the case.

The defense made by the answer is, that in the sale of ■ the machine for which the note sued on was given, the seller gave an express warranty that it was “as good as any harvesting machine in the market, and especially to be as good as, and do as good work as, the Marsh harvester.” This averment was put in issue, and on its truthfulness depended the…