Wayne Tank & Pump Co. v. Harper

Opinion by

ESTES, C.

Parties appear in the same order as in the trial court. Plaintiff sued defendant in replevin for a gasoline pump, basing i-ts action upon a conditional sales contract retaining title in plaintiff, alleging a balance due. The written contract contained a warranty against defective workmanship and material, providing that defective parts, when returned to plaintiff, would be replaced. Defendant answered by general denial and counterclaimed for damages, alleging that the pump was so defeot-tive in its parts as not to be fit tor the purposes for which it was made and sold,…