What is the defence of the defence that the engine was not true to type and would not develop the rated horse power?
Saskatchewan, Canada
The following excerpt is from J.I. Case Threshing Machine Company v. Mitten, 1918 CanLII 190 (SK QB):
It would appear now to be settled that the defence that the engine was not true to type and would not develop the rated horse power is open to the defendants. A defendant may plead the diminution in value in reduction of the purchase price, or counterclaim therefor as damages. The authorities are reviewed in the recent decision in Hart-Parr Company v. Wells, ante, p. 132. Such amendments should be made to the defence as may be necessary.
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