Burgner-Bowman Lumber Co. v. McCord-Kistler Mercantile Co.

The opinion of the court was delivered by

Porter, J.:

The plaintiff sued J. M. Leeper, a contractor, to recover for building materials sold him and to foreclose a mechanic’s lien on a building belonging to the defendant, The McCord-Kistler Mercantile Company. The defense was that part of the material, consisting of cement, was of inferior quality, and that there was an implied warranty of quality. The trial resulted in a judgment in favor of plaintiff for all the material except for the cement, and from this judgment plaintiff appeals.

The sole question is, whether there was an implied warranty…