Pendergrass v. Fairchild

BROWN, J. —

Defendant asserts failure of plaintiff to state a cause of action in his complaint, because the allegation reading that the machine—

“was not well made, of good material, and did not do good work and did not properly perform its functions, and was and is not of a fitness sufficient for plaintiff’s needs, and was and is not of a capacity adequate for plaintiff’s needs, and was and is of no value whatever for the purpose of furnishing refrigeration for use in plaintiff’s place of business”

*542fails to aver the time when the ice machine failed to perform its functions.

It will be noted that…