Oil Well Supply Co. v. Hopper

The opinion of the court was delivered by

Hopkins, J7:

The question involved here is whether a dealer in oil-well casing was liable on an implied warranty that the casing was fit for the particular purpose for which it was sold. The dealer was held not liable, and the purchaser appeals.

The facts were substantially as follows: The plaintiff, a dealer in oil-well casing and other oil-well supplies, sold to the defendant, an oil-well driller, a quantity of 24-pound National seamless pipe or casing which proved to be defective and leaky. The defendant computed his damage and deducted it from his…