Union Tank Works, Inc. v. William E. Ehlers Co.

This is an action brought by the respondents for recovery of damages for an alleged breach of warranty of fitness in the sale of four hundred electric heating elements, in which the appellant cross-complained for damages based upon an alleged breach of a contract to purchase twenty-four hundred additional elements. The trial court found for the respondents on their complaint and awarded damages in the amount of $3,996, being the purchase price of two hundred ninety-six elements. The appellant’s cross-complaint was dismissed.

The appeal has been taken on a short record, and, as the appellant…