J. B. Beaird Co. v. Burris Bros.

PONDER, Justice.

J. B. Beaird Company, Incorporated, brought suit against Burris Brothers, Limited seeking to recover $2,109.59 with 5% interest from Juiy 31, 1945 until paid for the balance due on the purchase price of a Beaird Challenger Dehydrator. In answer to the suit the defendant alleges that the machine has failed to dehydrate potatoes in the quantity guaranteed by the plaintiff. The defendant reconvened asking for the rescission of the sale and in the alternative for a reduction in the purchase price. The plaintiff interposed a plea of prescription of one year to the defendant’s…