Rodie v. Verdon

Clearwater, J.. The action was begun by the service of a summons on the ,27th day of August, 1897, and issue was finally joined by the service of the plaintiff’s reply, on the 14th of December following. The county designated in the complaint as the place of trial is Ulster. The action is to recover the value of a steam boiler, and work, services and materials furnished to the defendant ■ by the plaintiffs. The defense is a breach of the contract and the warranty; that the breach consisted in the unfitness of the boiler and materials for the purposes for which they were intended, and…