Bareham & McFarland, Inc. v. Kane

This action was brought in the City Court of Rochester, Civil Branch, to recover the unpaid balance of the purchase price of a heating plant, which the plaintiff installed in the residence of defendant. The answer consists of three affirmative defenses by way of counterclaims: (1) That defendant has rescinded the contract, because it was induced by fraud, and is entitled to recover the purchase price paid; (2) that defendant has a cause of action against the plaintiff for breach of an express warranty; (3) that defendant is entitled to recover from the plaintiff the damages which he has…