Mayes v. Rogers, Schwartz & Co.

The appellants bought of the appellees two new process fruit evaporators, and obtained a warranty as to their capacity.

The ease was submitted to a jury, which found for the, appellees, and after a careful examination of the evidence, we are unable to say that finding should be set aside. It is clearly proven—a matter, however, of common observation and experience—that it takes time and experience to get the full results in the operations of such apparatus. There was much evidence introduced which tended to show that the evaporators, when properly operated, had the capacity stated in the…