F. H. Gilcrest Lumber Co. v. Wilson

Plaintiff sued to recover the agreed purchase price of a corn picker sold and delivered to defendant at his request. Defendant admitted the purchase of the machine at the agreed price, and for a defense to the action alleged, in subtsance, that the machine was purchased by defendant to pick corn, and that plaintiff represented and warranted that the machine would gather corn successfully, and that it was suitable and adapted for the *584purpose of corn picking. He further .alleged that, after a fair trial, the machine did not work satisfactorily and did not pick corn successfully, and that he…