73 Cal. 273 | Cal. | 1887
— The plaintiffs allege that they are farmers, and jointly interested in the cultivation of land in Stanislaus County; that the defendant, a corporation, in March, 1884, by and through its duly appointed and authorized officers, contracted and agreed with these plaintiffs to manufacture and deliver to them, on or about the-day of June, 1884, two twelve-foot Ship-pee combined harvesters, with Shippee and Grattan improvements, at the agreed price of three thousand six hundred dollars ($3,600), and then and there warranted, covenanted, and guaranteed that each of said harvesters
The answer of the defendant admits that it represented to plaintiffs that said machines were of great value in the harvesting of grain; denies that in March, 1884, it contracted to manufacture and deliver to plaintiffs two twelve-foot Shippee combined harvesters and Grattan improvements, as alleged in the complaint. Other allegations are denied, which it is unnecessary to enumerate, as the decision of the cause must turn upon the