Curb v. Stewart, Adams & Co.

This is the second appeal. 210 Ala. 341, 98 So. 24. The case was tried by the court without a jury and resulted in a judgment for the plaintiff.

It is uncontradicted that the defendant bought the paint under a warranty that it would stand for seven or eight years. This presupposed that it be properly applied. Defendant’s evidence is wanting in the proof that the same was properly applied, that is, in a skillful and workmanlike manner.

The plaintiff’s demurrer to the plea, setting up a breach of the warranty for that it is not averred that the paint was not applied in a skillful and workmanlike…