Caples v. Port Huron Engine & Thresher Co.

JAMES, Chief Justice.

— This action is against Caples to recover the purchase price of eight spreading wagons, based on a written order signed by appellant on November 11, 1907, and accepted by appellee, which wagons were received by defendant and used by him in carrying out a construction contract with the county of El Paso.

Defendant answered by pleas of general denial; total and partial failure of consideration; fraud and misrepresentation in the sale of the wagons; that the contract of November 11th, which contained certain specific and .limited warranties, was not the contract which…