Thurner Heat Treating Co. v. Memco, Inc.

Neither on the appeal to the circuit court nor on this appeal has issue been taken with the trial court’s finding that the gears in question were defective by reason of the respondents’ neglect and failure to treat them according to specifications. The appeal is concerned only with the extent of .respondents’ liability for their negligence. Each of the lower courts found that the respondents were liable only for the cost of heat-treating the defective gears, but each based its conclusion on a different theory, and both of those theories are attacked by the appellant. It is contended that no…