Nichols & Shepard Co. v. Dudderar

Opinion op the Court by

Judge Clarke

Affirming.

Appellant instituted this action to recover of appellee $1,000.00, the aggregate of four notes executed by him as. deferred payments on a rebuilt traction engine purchased, of appellant.

As a counterclaim the defendant asserted damages in. the sum of $1,000.00 for breach of the following special, warranty :

“If the boiler on the 20 horse power double cylinder traction engine, bought by David Dudderar from Nichols & Shepard Company is defective, the Nichols & Shepard Company agrees to furnish him a boiler without any defect.

“Nichols & Shepard Company,.