Compton v. Woodruff Machinery Manufacturing Co.

Luke, J. Where there was a sale of personal property under an express warranty as to quality, and in defense to a suit for money alleged to be due for the property an express warranty was pleaded, it was error for the court to charge on the subject of implied warranty. On account of this error the judgment overruling the motion for a new tria! is Reversed.' Wade, C. J., and Jenkins, J., concur.