UNITED STATES SUPREME COURT DECISIONS ON-LINE

An agreement to lay down a certain kind of pavement in the streets of a city, and if at any time during the period of three years from the completion of the work any part shall become defective from imperfect or improper material or construction, and in the opinion of the other party shall require repair, then that the contractor will, on being notified thereof, commence and complete the same to the satisfaction of the other party, is not a warranty against effects of weather, or wear in use, or against defects resulting from other causes than those specified, and in a suit against the contractor to recover the cost of repairs made by the municipal authorities after notice to the contractor and neglect by him to make the repairs, it is necessary to prove that the alleged defects resulted from improper construction, or from the use of imperfect or improper materials.