International Harvester Co. of America v. Law
Supreme Court of South Carolina
Before Bowman, J., Bishopville, March, 1915. Action by the International Harvester Company of America against E. D. Law. From an adverse judgment, plaintiff appeals. cite: As to evidence of break of machinery after period of warranty: 69 S. C. 100; 24 S. C. 124 to 129; 46 S. C. 411; 1 Greenleaf Ev., sec. 275; 86 S. C. 489; 86 S. E. 350; 153 N. W. 1059.
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
Plaintiff sued on a note given by defendant in part payment for an engine. Defendant set up, as defenses, breach of warranty, express and implied, and fraud and misrepresentation in the sale, and a counterclaim for damages caused by defects in the engine.
The contract of sale contained the following provisions:
“International Harvester Company of America (Incorporated), warrants the within described engine to do good work, to be well made, of good materials, and durable if used with proper care. If, upon one day’s trial, with proper…
2Cited by7 opinions
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- Westinghouse Electric & Mfg. Co. v. Glencoe Cotton MillsSupreme Court of South Carolina · 1916
- Knight v. Merritt Engineering & Sales Co.Supreme Court of South Carolina · 1929
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