Standard Oil Co. of Indiana v. Daniel Burkhartsmeier Cooperage Co.

Mr. Presiding Justice Niemeyer

delivered the opinion of the court.

Defendant appeals from a judgment for $28,500 entered against it in plaintiff’s action for alleged breach of a written warranty in the sale of a reconditioned steel barrel.

Plaintiff, a dealer in petroleum products, sold and delivered barrels for the storage of its products. Defendant’s .business included the cleaning and reconditioning of used steel barrels or drums and selling them at wholesale. On October 28, 1938, plaintiff, confirming a telephone order of the previous day, sent defendant a written order on its printed form…