Chamberlain Co. v. Allis-Chalmers Manufacturing Co.

SHAW, J. pro tem.

The plaintiff bought from the defendant a sifting machine, the transaction being embodied in a written contract. The machine was delivered to and operated for a time by the plaintiff. Thereafter, the plaintiff brought this action to recover damages for breach of warranties of the machine. The answer denied the existence of the warranties sued on, and also set up a counterclaim for a balance due and unpaid on the purchase price of the machine. Judgment went against plaintiff on its complaint and for defendant on its counterclaim, from which plaintiff appeals.

At the trial it…