W. Linton Howard, Inc. v. Gibbs Machinery, Inc.

Shulman, Presiding Judge.

Plaintiff/appellee Gibbs Machinery, Inc., brought suit against defendant/appellant W. Linton Howard, Inc., claiming that appellant had not paid for a piece of equipment it had purchased from Gibbs. In its answer, appellant averred that it had agreed to purchase the equipment when it was in operable condition and that it had never become so. Appellant also stated in its answer that appellee had breached the implied warranty of fitness for a particular purpose, which breach had resulted in a total failure of consideration. In a counterclaim, appellant sought damages for…