Western Construction Co. v. R. G. Moeller Co.

This is a civil proceeding brought by plaintiff to recover damages for breach of express ánd implied warranties arising out of the purchase of highway paving machinery. Judgment, with costs, rendered for plaintiff; defendant appeals. Cause was heard by judge without jury.

A few days prior to April 27, 1959, Edgar Hubler, a representative of Concrete Machinery Limited (manufacturer of Lewis finishing machine) and a Mr. Chapman, a salesman for defendant R. G-. Moeller Co., called upon plaintiff, a highway construction contractor, to interest plaintiff in the purchase of highway construction…