Dilday v. David

Appellees, doing business as the Aurora Southwestern Sales Company, brought suit against ap.pellant to recover the balance alleged to be due upon a contract for the sale of a pump. Appellant answered and admitted the balance sued for was due on the contract, but, by way of counterclaim, alleged there had been a breach of the guaranty under which the pump had 'been sold, that it would furnish or supply 1,200 gallons of water per minute to a rice crop which the pump was purchased to irrigate.

The contract of sale was in writing, and the guaranty contained in it reads as follows: “The above pump…