Mantle Lamp Co. v. Rucker

Opinion of the Court by

Turner, Commissioner

Reversing,

Appellee bought from appellant certain lamps and accessories, and failing to pay for them, this action for the purchase price was instituted.

The defendant in his answer relied upon an alleged warranty of the chattels so sold to him, and states:

“The plaintiff warranted the lamps in question to be salable, merchantable, or a better value and smaller price than other lamps of a similar make and kind, ’ ’

and then alleges he relied on these statements, and that they were untrue.

The court overruled a demurrer to this pleading, and on the trial…