Dunck Tank Works, Inc. v. Sutherland

There was a conditional sales contract entered into August 8, 1933, under which the appellant was to deliver four pressure tanks to be used in respondent’s brewery for the sum of $1,500.

Under the pleadings in this case appellant seeks to recover the agreed price of the goods delivered and the respondent seeks to recover on a counterclaim for breach of warranty. The tanks were porous and unfit for use as pressure tanks. They were never successfully used as pressure tanks, but were used from time to time as storage tanks. Other pressure tanks were purchased from other manufacturers in 1934 and…