Sterling Eng. & Mfg. Corp. v. Jennings

Opinion by

Whitmore, J.,

The plaintiff brought suit in assumpsit against the defendants, appellants, to recover the balance due on a contract in writing between the parties dated June 5, 1929, accepted by the plaintiff on June 7, 1929, for the sale and delivery f. o. b. cars at Boston, Mass., of certain machinery consisting of boiler feeder, receiver and air valve.

The defendants filed an affidavit of defense admitting the execution of the written contract but alleging, inter alia, that the machinery and equipment, when installed, did not give the results warranted and guaranteed by the…