Roberts v. J. B. Colt Co.

The appeal is from a judgment in favor of appellee against appellant on two promissory notes. The defense pleaded was in the nature of a cross-action for breach" of warranty. The execution of the notes was admitted, hut it was alleged that same were given in payment of a lighting plant, which was warranted to be a thoroughly durable galvanized steel acetylene generator, automatic in action, and of good material and workmanship; that the plant was not'worth the price contracted to be paid, but was worth only $50, which amount had theretofore been paid on the notes. Appellant further sought…