Clark v. Parker

Defendants Parker and Gallup, being co-partners in the business of selling heating apparatus, agreed to sell an oil furnace to plaintiffs and install the same in their residence. The furnace was installed, to be paid for by plaintiffs in monthly installments, and defendants agreed to service the heater for one year. The apparatus did not work satisfactorily, and plaintiffs, having paid all but $80.23 on account of the purchase price of the furnace, refused to pay that balance, removed the furnace and installed a furnace of another make.

Defendants sued plaintiffs before a justice of the peace…