J. B. Colt Company v. Berry

Opinion of the Court by

Judge Dietzman

Appeal granted and judgment reversed.

On August 27, 1920, the appellant sold to the appellees for the purpose of lighting their home a carbide gas generating plant, together with certain fittings and fixtures to be used in connection therewith. By the written contract of sale the appellant warranted this generating plant as follows:

“It is agreed that in accepting this order the company warrants the apparatus furnished to be a thoroughly durable galvanized steel acetylene generator, automatic in action, and of good material and workmanship, and that it is on…