Tesra Co. v. Holland Furnace Co.

ALLEN, Circuit Judge.

The appellant is a California corporation, and was engaged in the manufacture and sale of a device consisting of a steam radiator, heating unit and switch operated by means of a thermostat. It spent large sums of money in marketing this product with some success. Appellee, a corporation engaged in the manufacture of hot-air furnaces in Holland, Mich., entered into a written agreement with the appellant on March 15, 1928, for the purchase of the contrivance. The agreement contemplated a formal contract to be executed later between the parties, and required the appellant to…