89 Ala. 401 | Ala. | 1889
The suit is by the appellee, as plaintiff in the court below, for the price of a number of water-meters sold and delivered to the defendant. One of the counts in the complaint is for a stated account.
The only error assigned is the sustaining of the plaintiff’s demurrers to the third and fourth pleas filed by the defendant. These pleas, each, aver a warranty by the vendor that the meters were accurate, durable, and not liable to corrosion. They seek to set off, or recoup against the plaintiff’s claim, special damages, which are averred to have been sustained by the defendant as the proximate result of the breach of said warranty. These damages embrace the alleged value of a large quantity of water which was lost by inaccurate measurement, and the expense incurred in taking these defective meters out, and putting other suitable ones in the defendant’s water-works.
.Affirmed,