McKay Machine Co. v. Rodman

The issue presented by this appeal concerns the admissibility of certain expert opinion testimony. At the trial, the evidence showed that defendant ordered from plaintiff a resistance, multiple, spot welder. The order was accepted and filled by plaintiff. Defendant, however, refused to pay the balance due, alleging that the welder did not perform in accordance with the following proviso which he typed upon the purchase order:

“Note: The above machine is to produce a satisfactory and approved weld on either 14 ga. and/or 18 ga. tub with a 19 ga. laminate.”

The meaning of this proviso and the…