Supreme Court
Decision Information
Abstract: Action for damages for sale of defective concrete - Court considering credibility of witnesses - Court considering evidence of witnesses - Court finding that employee of Plaintiff negligently causing damage complained of - Court also finding that Plaintiff's case would fail on breach of implied warranty of fitness - Court making finding based on rule that reliance of buyer of skill of seller be such as to constitute a substantial and effective inducement.
Decision: Plaintiff's claim dismissed - Counterclaim granted - Judgment in the sum of $4,550.00, the price of materials supplied - Plaintiff by counterclaim entitled to interest and costs.
Subjects: Damages - Breach of contract