Parsons v. Clarke

RUDKIN, Circuit Judge.

This is a writ of error to review a judgment in favor of the plaintiff in an action to recover damages for breach of warranty. The case has been brought here on the judgment roll without a bill of5 exceptions, and the sufficiency of the complaint to support the judgment is the only question presented for our consideration. The sufficiency of the complaint was not challenged by demurrer or otherwise in the court below, and under such circumstances the complaint is aided by certain presumptions, the nature and scope of which we need not consider, in view of the fact that…