Friesenhahn v. Tips Engine Works

On or about March 3,1923, the appellants made and entered into a written contract with .the Tips Engine Works, then operating under the name of Tips Foundry & Machine Company, whereby appellants agreed to purchase for future delivery “one 100 H. >P. Tips type J. vertical 3-cylinder oil engine complete with all fittings and fixtures.” This contract, amongst numerous other provisions, provided that “the machinery herein specified is guaranteed by 'the seller to be well made, of good material, in a workmanlike manner” ; and also that—

“If requested, after the machinery is properly installed,…