Sloan v. Wolf Co.

SANBORN, Circuit Judge.

This was an action by the Wolf Company for the purchase price of the machinery for a mill which they sold and delivered to Thomas L. Sloan, the defendant. Sloan denied that the plaintiffs had performed their contract, and pleaded counterclaims (i) for moneys paid at the request of the plaintiffs for labor and materials used in reconstructing the forebay, penstock, and race; (2) for a breach of plaintiffs’ guaranty to furnish a first-class turbine wheel; *197(3) for a breach of their guaranty to furnish proper elevator trunking and spouting; and (4) for a breach of their…