Dayton Rubber Co. v. Dismuke

Townsend, Judge.

The evidence demands a finding that the property for the value of which this action is brought was not purchased from the defendant by the plaintiff, for which reason he cannot maintain an action against this defendant for breach of warranty in failing to deliver certain items of machinery and cannot recover for storage charges which had been incurred at the defendant’s order prior to delivery of the equipment to him.

John M. Hausman testified that his corporation, Akron Rubber Machinery Company, Inc., was in the business of buying and selling used machinery; that he informed…