Condon Wrapping Machine Co. v. Racine Engine & Machinery Co.

This was an action brought by the plaintiff for the payment of a certain machine sold to the defendant. The defendant offered to. pay the plaintiff $2,000 for a certain wrapping machine, together with patterns, and sent the plaintiff a bill of sale to be executed. The plaintiff accepted the offer and executed the bill of sale, but made a change therein by adding to the covenants of warranty “except claims of patent infringement.” The machine and bill of sale were forwarded to the defendant. Thereafter differences arose as to the patents and the exception in the bill of sale, and finally the…