Kinnard Press Co. v. Stanley

The opinion of the court was delivered by

Mason, J. :

The Kinnard Press Company sued Wyatt Stanley upon a note for $1267. Stanley defended upon the ground that a gasoline-engine for which the note was given had failed to meet certain express warranties, and that he had rescinded the contract of purchase. A trial resulted in a judgment for the defendant, and the plaintiff prosecutes error. A number of objections made to the consideration of the case on its merits have been considered and found insufficient.

*771The specific warranty, a breach of which was claimed by the defendant, was that the engine…