Elliott v. Parr

This was an action for damages for $10,424 allegedly due for injuries caused by the faulty condition of a cream separator, based on an express warranty.

Plaintiff in error was plaintiff below and defendants in error were defendants below. They will be spoken of in this opinion as plaintiff and def endants.

The facts were substantially as follows: On March 13, 1934, the plaintiff, a farmer’s wife, accompanied by a friend, called at the hardware store operated by one of the defendants, James Parr, in Longmont, and inquired of him whether or not he had a secondhand cream separator. In response,…