School Supply Service Company v. J. H. Keeney & Co., Inc.

SUTTLE, District Judge:

Plaintiff, School Services, Inc., is a vending machine operator whose business is to place machines in schools. Appellant, School Supply Service Co., contracts the manufacture of vending machines to businesses who operate manufacturing plants; and then sells them, under its own trade name, to vending machine operators. The machines involved here were manufactured by ap-pellee, J. H. Keeney & Co., Inc.

Plaintiff sought damages from appellant for the breach of either an express warranty or an implied warranty by appellant or, in the alternative, rescission and cancellation…