Baugh & Sons Co. v. Mitchell & Pierson
Baugh & Sons Co. v. Mitchell & Pierson
Opinion of the Court
Opinion by
The plaintiffs’ claim is upon an ordinary book account for the sale of a quantity of 20 degrees Neats’ Foot Oil. The affidavit of defence alleges that the oil was warranted to be pure and free from adulterants, and then asserts that the oil sold was not free from adulterants but on the contrary was impure and adulterated, and that the defendants had sustained heavy losses in consequence of the defects of the oil. The learned court below, it is alleged by the appellants, gave judgment for the plaintiffs because there was no warranty disclosed by the affidavit of defence. It is true that the letter of plaintiffs dated Dec. 30,1892, and which contains a copy of the warranty, does not describe a warranty in the same terms as the affidavit of defence alleges, but it does contain an acknowledgment of the receipt of a postal card from the defendants dated Dec. 29th, and a reference of the postal to the plaintiffs’ superintendent who reported that, “The Neats’ Foot Oil is guaranteed and all made exactly the same way; no change in the way of chilling, pressing or bleaching for years.” The defend
Judgment reversed and procedendo awarded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.