Hambrick v. Peoples Mercantile & Implement Co.

This is an action by the ap-pellee to recover $2,875.25 assertedly due under a conditional sales contract by which the appellee sold a used cotton-picking machine to the two appellants. The defendants admit the execution of the contract, hut they ely upon a breach of warranty as a basis for denying lability and for recovering their down payment. The ■rial court, having refused to permit the defendants to prove either an express or an implied warranty, directed a verdict for.the plaintiff.

With respect to the express warranty the court’s rejection of the proffered proof was correct. The…