Fairbanks, Morse & Company, Inc. v. J. A. Murdock Co.

Tbe plaintiff’s contention is tbat, under tbe pleadings drawn, tbe allegation of tbe counterclaim tbat tbe representation made by tbe plaintiff tbat tbe engine “would do all tbe work of tbe said ice plant and was entirely sufficient in power to at all times operate said ice plant as desired by tbe defendant” is susceptible only to tbe interpretation tbat tbe engine would develop power sufficient to produce thirty tons of ice per day.

Tbe defendant’s contention is tbat, under tbe pleadings as drawn, tbe allegation of tbe counterclaim tbat tbe representation made by tbe plaintiff tbat tbe engine…