Shannon v. Stratton & Terstegge

Opinion of the Court by

Judge Miller

Affirming on appeal and reversing on cross appeal.

In this action by Stratton & Terstegge for $288, the agreed price of a furnace which they placed in appellant’s house, and to enforce a supply-man’s lien therefor, the appellant counterclaimed for $1,000 damages for breach of warranty and for injuries to her residence, *27and for a cancellation of the contract. Upon appellant’s motion the court awarded an issue put of chancery to try the questions of breach and damage. The jury found there had been a breach of the warranty under the contract of sale of the…