Race v. Krum

Upon the motion for reargument the defendant first argues that the admission in the answer of the warranty alleged in the complaint was not intended as an admission of an express warranty, but was intended simply as an admission of an implied warranty. Whatever construction might otherwise be given to the pleadings, it was evidently assumed upon the trial, as is claimed by the defendant, and the construction given to the pleadings upon the trial, both by the court and by coun*925sel, should be the construction which this court will adopt in determining the appeal. It is further urged that an…