Walley v. Sweet

Loring, Chief Justice.

This is an action on a warranty. Plaintiffs had a verdict for $1,887.63. The case is here on appeal from an order denying defendants’ motion for judgment or a new trial.

Plaintiffs, the Metal Specialty Manufacturing Company, had a die manufacturing contract with defendants, Twin City Steel Treating Company, to do the work.

Defendants made a test-heat treatment on six sample dies to see if they could do the job. These six were apparently satisfactory, and the parties proceeded with the heat-treating process for the rest of the approximately 500 dies.

The evidence is in…