United States Gypsum Co. v. Birdsboro Steel Foundry & MacHine Co.

Opinion by

Mr. Chief Justice Maxey,

This appeal must be remitted to the Superior Court. In an action of assumpsit to recover damages for breach of an implied warranty of quality and fitness of a hydraulic press capable of exerting nine thousand tons of pressure, plaintiff claimed damages in the sum of $57,270. Defendant in its affidavit of defense pleaded a set-off and counterclaim for the sum of $6,039.89, with certain interest. The case was tried by a judge without a jury. The judge found against the plaintiff on its claim for $65,856.06 and found in favor of the defendant on that portion of…