Hartman v. Smyth Sales, Inc.

Wolber, C. C. J.

This action was tried before me without a jury, the same having been waived by stipúlation of the parties.

The plaintiffs allege that on September 10th, 1935, they entered into a written contract with the defendant corporation, whereby defendant was to install one Arco Petro Boiler Burner Unit and a 275 oil tank with'all piping and wiring for complete installation. Under the terms of the contract defendant expressly warranted that the said oil burner would give forth sufficient radiation to supply sufficient heat at a temperature of seventy-two degrees when outside temperature…