California Press Manufacturing Co. v. Stafford Packing Co.

The plaintiff sold and delivered to the defendant, under a conditional sales contract, a fishmeal machine or plant, for an agreed sum of $8,000. On the refusal of the defendant to pay a trade acceptance for the amount of the final installment due on the purchase price, plaintiff instituted an action in claim and delivery to recover possession of the machinery. The complaint was in the usual form for actions of this character. The defendant answered, denying plaintiff’s right to possession, and, at the same time, filed a cross-complaint alleging a breach of warranty on plaintiff’s part in…