J. B. Colt Co. v. Mazingo

The appellant sued the appellee on a promissory note, and from a judgjment in the‘appellee ?s favor has broug’lit the ease to this court. The evidence on which the case was submitted to the jury is, in substance, as follows:

The appellee purchased from the appellant a lighting plant, and executed to it therefor the promissory note sued on. The contract of sale was in writing, and one of its provisions is — “that in accepting this order the company warrants the apparatus furnished to be thoroughly durable, galvanized steel acetylene generator, automatic in action, and of good material and…