Curb v. Stewart, Adams & Co.

Appellee recovered a judgment against the appellant for the purchase price of certain paint.

Count 4 rested upon a special contract in writing, but was evidently abandoned upon the trial, and will be here laid out of view. The other counts were the common counts for goods sold and delivered upon account and account stated.

Among the special pleas interposed by the defendant was plea 3. alleging an express warranty by the defendant that the paint would be good, hold its color, and stand the weather, and that if it was not as guaranteed that it should cost the defendant nothing. This plea further…