Hudnutt v. Comstock

In the view we take of this case, the question whether there was a contract of warranty as alleged by the appellant, and defendant, is important in relation to the principal errors assigned.

The pleadings in the case are a declaration in assumpsit on the common counts, a plea of the general issue, and a notice that the work, labor and material furnished were done and furnished by plaintiff in manufacturing and putting into the saw-mill of defendant certain machinery, among which was a sawdust elevator, which the plaintiff agreed to and with the defendant should be a good piece of machinery and…