Chariton Plumbing & Heating Co. v. Lester

Stevens, j.

I Appellee, in October, 1919, entered into an oral contract with, appellant to install in his residence a heating and plumbing system, including' a fresh-water system. The purpose of the water system was to pump water to the bathroom, for the use of the bath and the toilet. The plant was installed, and has not been removed.

This is an action to recover the agreed price of the 'freshwater system. The defenses interposed were a total failure of consideration and a breach of warranty. The pumping device did not operate satisfactorily at any time. The rescission alleged occurred more…