Callender Insulating & Waterproofing Co. v. Badger

This is an action by the appellants to recover the price of a large quantity of wire, prepared for conducting electricity, sold by them to the appellee. The defense was that the wire would not serve the purpose for which it was prepared and sold, the appellants being manufacturers of it, and that therefore, either under an express warranty, which he claimed, or a warranty implied by law, the appellee was not bound to pay for it, and might, under his pleas of set-off, recover back what he had paid on account of it. It seems to make no difference whether the defense is based upon a warranty of…