Durbin v. Denham

The promissory note, the basis of this action, was given by one farmer to another as a part of the purchase price of a second-hand tractor. The action was defended upon the ground that the warranty of the tractor was breached, and the defendant set up a counterclaim for damages by reason thereof.'

The most serious question in the case involves the instruction of the court set forth in the statement.

It is a well-established rule of law that there is no implied warranty as to quality in the sale of second-hand machinery.

“In the sale of second-hand chattels, there is ordinarily no implied…