Shupe v. Collender
Supreme Court of Connecticut
Action" to recover for machinery and other articles sold ; brought to the Court of Common Pleas in Fairfield County and tried to the court before Hall, J. The court found the facts and rendered judgment for the plaintiffs, allowing the defendant $250 by way of recoupment of damages for a breach of warranty of one of the machines sold. The plaintiffs appealed. The case is sufficiently stated in the opinion.
1Opinion of the CourtPark, C. J.
This is a suit for the recovery of the price of various items of machinery sold by the plaintiffs to the defendant, but the only controversy between the parties is as to a planer, which is charged in the bill of particulars at $250.
The court finds that at the time of the sale the plaintiffs expressly warranted the planer to be “ suitable to do the defendant’s work and in good order ”; but that it was in fact “ wholly unsuitable to do the work of the defendant, and out of order, and worthless except for old iron.” And the court finds that the damage to the defendant from the plaintiffs’ breach…
2Cited by13 opinions
- Denver Horse Importing Co. v. SchaferSupreme Court of Colorado · 1914
- Nunn v. BrillhartTexas Commission of Appeals · 1922
- Hauss v. SurranCourt of Appeals of Kentucky · 1916
- Glover Machine Works v. Cooke-Jellico Coal Co.Court of Appeals of Kentucky · 1917
- Powers v. Sunylan Co.Texas Commission of Appeals · 1930
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