Marion Machine, Foundry & Supply Co. v. Cincinnati Coffin Co.

Numerous questions of law were ably argued to this court in these appeals.

Plaintiff strenuously maintains that the contract, under which it manufactured the hydraulic press for defendant, set forth exclusive remedies which defendant was bound to exercise in the event of any defect in the design, construction, material or workmanship of the press; that plaintiff has not waived its right to hold defendant to such exclusive remedies; and that, therefore, the Court of Appeals was in error in reversing the judgment of the Court of Common Pleas.

Defendant, on the other hand, strenuously argues that…