Campbell v. Lodge No. 99, Ancient Free & Accepted Masons

The opinion of the court was delivered by

Porter, J.:

This action was brought by the Campbell Heating Company, á partnership, to recover the 'price of a heating plant placed in the building of defendants in error under a written contract. The answer set up (1) a general denial, (2) a breach of warranty, and (8) a subsequent oral contract between the parties, made after the plant was installed and found to be defective, by which plaintiffs agreed that if they were allowed to make certain alterations in the building and plant they would remove the plant provided it did not work satisfactorily and…