Leming v. Howell

Opinion of the Court by

Chief Justice Sampson — •

Affirming.

Appellant Leming, a dealer in farming implements, sold appellee Howell, a farmer, a farm tractor for $700.00.' The machine proved unsatisfactory and Howell tendered it back and sued Leming for the $700.00 paid him for the tractor. Appellant Leming defended on two grounds: (a) He did not warrant the tractor, and (b) if there were, a warranty, as claimed by appellee Howell, he was too late in demanding a rescission of the contract.

Appellee Howell testified and introduced evidence to prove that appellant Leming warranted the tractor in…