Underwood v. Sharp

The opinion of the court was delivered by

Burch, J.:

These actions grew out of an exchange of Underwood’s farm for Sharp’s house and lot in the city of Topeka. Un*251derwood purchased seed, hay, and other personal property on the farm, from Sharp. Sharp sued for the price. Underwood counterclaimed for breach of warranty of the heating capacity of the furnace in the house. He was not permitted to prove his counterclaim, and judgment was rendered against him. Underwood then brought suit for breach of warranty, to recover the price of a new furnace which he installed in the house. His evidence of…