Goldman v. Great Lakes Foundry Co.

Defendant operated a foundry at Port Huron. The mixture for its cupola required 6% of steel. Lacking the steel, it sought to buy from plaintiff, a dealer in metal scrap. Plaintiff had old steel scrap, tubes from the condensers of salt works. Within the tubes was a gypsum scale. Defendant bought 50 tons of the tubes, which, as per order, plaintiff cut into short lengths, and delivered to defendant. Defendant claims that plaintiff undertook and warranted that the material, when delivered, would be practically free from scale, which plaintiff' denies. The ends of the short pieces of tube were…