Tygart v. Sutton

•Hill, C. J.

The plaintiffs sued for damages resulting from an alleged breach of contract. The jury found a verdict in their favor for the full amount of the suit, and the defendant’s motion for a new trial was overruled. The case made by the plaintiffs may be stated in substance as follows: .They bought from the defendant a gasoline engine, with express warranties. After a trial of the engine it failed to fulfil these warranties, and they so informed the defendant, who then agreed with them that if they'would give him two promissory notes, aggregating the sum of $625, he would furnish them,…