Fort Wayne Engineering & Mfg. Co. v. Baker Fuel Oil Burner Co.

This is a suit on an open-account for the sum of $187.03, the alleged" balance due plaintiff on the purchase price of 111 pumps which the • defendant purchased from the plaintiff at various times between October 5, 1925, and February 23, 1927, at a total cost of approximately $1,800. • ■

Defendant, in its answer, admits the sale and delivery of the pumps but denies liability on the ground that some of the pumps “were defective in parts,” which rendered them useless or their use so imperfect that they could not be used for the purpose for which they had been bought.

On the trial of the case on…