Dodge Engineering Associates, Inc. v. Noland Co.

QUINN Associate Judge.

Appellee, plaintiff in the trial court, sued appellant for the balance due of $635.79 on the purchase price for certain boiler burner units. The defense was that the specifications of the original order were not met, and that therefore the sum sued for was being withheld by way of recoupment for breach of' warranty. The evidence developed that one Burke, a representative for the Kewanee-Ross Corporation, a manufacturer of boilers (hereinafter ref érréd tó as K-R), procured orders from defendant which were transmitted to plaintiff, exclusive distributor for K-R in this…