Madison-Kipp Corp. v. Price Battery Corp.

Opinion by

Mr. Justice Kephart,

This appeal is from a summary judgment entered for want of a sufficient affidavit of defense. Appellant, hereinafter called Price, manufactured storage batteries. It saw an advertisement in a trade journal of the Madison-Kipp Die Casting Machine, manufactured by appellee, hereinafter called Madison. It wished to ascertain if the machine could die cast the grids used in its battery. Correspondence led to an interview. Madison’s standard operating machine could be adapted to varying dies by their insertion in the machine. It agreed to try to make a die which would…