J. B. Colt Company v. Baker

Opinion op the Court by

Judge Logan

Reversing.

On April 20, 1920, the appellee, Baker, made an ■order to J. B. Colt Company for a carbide generator and certain appliances and fixtures, for which he agreed to pay the sum of $227.50. He admits that he signed the contract and that the shipment was made in accordance with his order. He failed to pay the amount specified in his order. Suit was instituted against him to recover that sum.

The appellant, in accepting the order, warranted the apparatus furnished to be a thoroughly durable, galvanized steel, acetylene generator, automatic in action and of…