McConnell v. . Jones

Some controversy having arisen between plaintiff and defendant as to tbe balance due on a quantity of bay purchased from tbe defendant, tbe plaintiff adopted tbe procedure of instituting an action to determine tbe amount be owed. However, tbe defendant having answered and set up tbe amount be claimed was due, questions as to tbe form and sufficiency of tbe complaint are not presented.

Tbe plaintiff bottomed bis action on breach of implied warranty in tbe sale of tbe bay, in tbat a portion of it was unfit for tbe use for wbicb it was intended. He offered evidence tending to sbow tbat xnucb of…