Tatum

Plaintiff brought an action in 1895 against defendants, wherein it alleged that defendants were indebted to plaintiff in the sum of $735 for one No. 9 Economic boiler sold to defendants by plaintiff January 25, 1895. Defendants answered, and, besides denying said indebtedness, set up a counterclaim.

In the counterclaim, after alleging the copartnership of defendants, and that plaintiff was a corporation of the state of Pennsylvania engaged in the manufacture and sale of steam-engines, defendants alleged: “3. That on or about the 31st day of August, 1888, defendants purchased of plaintiff, and plaintiff sold and delivered to defendants a so-called automatic cut-off steam-engine for the sum of eight hundred and fifty-seven dollars, which said purchase price defendants paid plaintiff, and defendants also paid $120 freightage on said engine at time of its purchase, from Erie, Pennsylvania, to the Pacific Coast. 4. That defendants ordered said engine of plaintiff and purchased the same as a steam-engine that should be reasonably fit for the purpose of operating and running machinery, and plaintiff furnished the same to defendants as a steam-engine reasonably fit for such purpose; and…