BYERS, District Judge.
The plaintiff seeks judgment for the unpaid balance of $3,139.00, its charges for building and delivering a candy-cutting machine to the defendant. The latter asserts a counterclaim for breach of implied warranty of fitness in the amount paid on account ($5,683.00), and by amendment at the trial, the Statute of Frauds as a defense. By similar action, the answer was amended to deny acceptance of the machine which was alleged in the complaint...
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