International Filter Co. v. Cox Bottling Co.

The opinion of the court was delivered by

Porter, J.:

Plaintiff claimed to have sold and delivered to defendant a water filter, and brought this action to recover the purchase price of $104. The defense was that the filter was sold upon approval, with a guaranty that it would perform the work for which it was purchased, that it failed to do the work, and that *646defendant had returned it to the plaintiff and therefore owed nothing. A jury having been waived, the cause was submitted to the court. Both parties introduced evidence and the court made a general finding in favor of defendant.

The…