Tibbets & Pleasant, Inc. v. Town of Fairfax

TEEHEE, O.

Appellee, the town of Fair-fax, brought suit to recover of appellant, Tibbets & Pleasant, Inc., the sum of $700, alleged to be duel as the purchase price for a road oiler wagon under an oral contract of sale between the parties. Issues having been framed by appropriate pleadings by the parties, and a jury being waived, the cause was tried to the court, resulting in a judgment for plaintiff in the amount sued for with interest and costs of suit.

Among several defenses interposed by defendant, the one relied on here is plaintiff’s alleged breach of an implied warranty of fitness of the…