Tatum v. Ackerman

This action was brought to recover $1,581.98 and interest, in which sum, it was alleged in the complaint, the defendant “became and was indebted to plaintiffs . . . for and on account of goods, wares, and merchandise sold and delivered by plaintiffs to defendant.” The allegations of the complaint were specifically denied by the answer, and, in addition, a breach of warranty was alleged,— viz., that an engine, which was one of the articles sold, failed to satisfy the plaintiffs’ warranty,—and thereupon the defendant had rescinded the purchase and had attempted to return the engine to the…