Miller v. Troy Laundry MacHinery Co., Inc.

This is an appeal by the plaintiff in the trial court, from an order sustaining defendant’s demurrer to plaintiff’s evidence, and rendering judgment for defendant on its cross-petition.

The petition in its original form sought damages caused by an alleged breach of defendant’s oral warranty as to fitness and condition of a certain laundry machine pur- cliased by plaintiff from defendant under a conditional sales contract. The plaintiff had not yet completed payment of the purchase price. It appearing that the oral warranty or representation was at variance with the terms of the written…