Rome Brick Co. v. Dixie C. Mfg. Co.

The court erred in sustaining the general demurrer to the defendant's affidavit of illegality and in dismissing it.

DECIDED SEPTEMBER 10, 1949.

Dixie Machinery Manufacturing Company foreclosed against the Rome Brick Company what the parties treated as a retention-of-title contract. The contract was for the sale to the defendant of a Non-Clog Swing Hammermill. The defendant filed an affidavit of illegality alleging a breach of express warranty and claiming damages to the extent of the balance due and additional damages to the defendant's business allegedly resulting from the breach of warranty.…