Smith-Booth-Usher Co. v. Los Angeles Ice & Cold Storage Co.

Plaintiff sold a pump and pumping apparatus to defendant under circumstances hereinafter related. It was paid a part of the purchase price, the pump was installed, and failed to give good service. Defendant so notified plaintiff, demanded a return of its money, and requested a removal of the pump, in order that it might install one which would perform the desired service. Thereupon plaintiff brought this action to recover the unpaid part of the purchase price and defendant answered, averring that it purchased the pump under a warranty that it would deliver five hundred gallons of water per…