Thomas v. Warrenburg

*577The opinion of the court was delivered by

West, J.:

The plaintiff sued to recover $402.92 and interest claimed to be due on a bill for lumber and other building material. The defendant, R. H. Warrenburg, denied the indebtedness, and by way of cross-petition-set up a counterclaim, alleging that he purchased the material at an agreed sum, and that the same was to be of first-class quality, and was impliedly and expressly-guaranteed to be of such quality and suitable for the purpose for which it was bought; that the plaster, sand, lime, cement and lath furnished were of inferior quality and…