United Iron Works v. Standard Brass Casting Co.

Plaintiff instituted this action to recover the sum of $1,260 as the agreed price for casting certain check valves for the defendant according to designs furnished by the defendant and using materials also furnished by the deféndant. The answer admitted the allegations of the complaint, and by way of counterclaim and- cross-complaint alleged that the plaintiff was indebted to the defendant in the sum of $7,045.80 as damages for the breach of contract to furnish and east certain lead fittings'.

The material allegations of the cross-complaint are: About the 1st of September, 1916, defendant and plaintiff entered into a contract wherein the plaintiff agreed to furnish and cast for the defendant certain lead fittings at the rate of $3.75 per 100 pounds to be used in connection with a leaching plant; that plaintiff cast and delivered to defendant 373,701 pounds of said castings- upon which the defendant paid plaintiff in full; that said fittings were not manufactured as required by said contract in that the same contained cracks and would not hold water and were not fit for the purposes of a leaching plant; that in order to make said fittings fit for the purpose for which they were…