Oxford Knitting Mills v. Wooldridge

Hill, 0. J.

Wooldridge sued the Oxford Knitting Mills in a justice’s court, on account, to recover the contract price of a carload of steam coal. The defense relied upon was total failure of consideration, in that the coal was expressly warranted as steam coal of first quality, when in fact it was not steam coal and could *302not be used for the purpose of generating steam. A judgment was rendered for the plaintiff, and on appeal to a jury in the superior court a verdict was found for the plaintiff for the full amount sued for. The evidence showed that the coal was warranted by the plaintiff as a…