James Talcott, Inc. v. Jack Cole Company, Defendant-Third Party v. Rapistan Incorporated, Third Party

RIVES, Circuit Judge:

Cole, a motor freight carrier, purchased from Rapistan an expensive and complicated conveyor system for handling freight across its dock at its main terminal in Birmingham, Alabama, 1 and built a new dock wide enough to accommodate the conveyor. The conveyor was installed in a permanent fashion so as in effect to make it a part of the terminal. The cost of installation, $33,350.00, was to be paid directly by Cole to Rapistan. The agreed price of the conveyor system was $168,164.00, secured by a conditional sales contract assigned to Talcott upon Cole’s written assurance…