Alliance Tractor & Implement Co. v. Lukens Tool & Die Co.

White:, District Judge.

This is an action for specific performance of a contract to construct a machine to manufacture hay rake teeth. At the close of the evidence the plaintiff moved to amend the petition to include a cause of action for breach of warranty. The defendant cross-petitioned, alleging that the contract was substantially performed and alternatively that the machine, subject of the contract, had been accepted by the plaintiff’s failure to object, and that the machine had been so modified by the plaintiff and his agents as to waive further performance by the defendant. The defendant…