Advance Rumley Thresher Co. v. Briggs Hardware Co.

This is an action on account to recover a balance due for cream separators sold by plaintiff’s predecessor to defendant. On trial before the court and a jury, defendant prevailed, but the trial court sustained a motion for a new trial, from which defendant appealed.

The Rumley Products Company was the manufacturer of the ere,am separator at the time of the sale to defendant. Subsequently the manufacturer transferred its business and accounts to plaintiff; and it is agreed that plaintiff is responsible as would be the vendor. The separators were sold under a written express warranty contained…