Giant Mfg. Co. v. Yates-American Mach. Co.

STONE, Circuit Judge.

This is an action by a seller for a balance due on sale of “coils”. The answer admitted the sale, prices and balance as alleged. It further pleaded violation of implied warranties as a set-off and counterclaimed for damages because of violation of the warranties. At the close of testimony for defendant, the court sustained a motion by plaintiff for a directed verdict for the full amount sought. From a judgment entered on the directed verdict, defendant appeals.

The contentions appellant makes here are (1) there was sufficient evidence of an implied warranty to require…