Duhrkop Oven Co. v. Tormay

WOOLLEY, Circuit Judge.

Pursuant to a written contract the Oven Company built an oven for Kohler upon premises which he held under lease and used as a bakery. The structure was placed outside the bakery and consisted of metal plates, tie rods, beams, pipes, flues, etc., there assembled and put together, surrounded on its four sides by brick walls, one, the outer wall of the building, and the others newly constructed walls. Kohler made some payments and defaulted in others and went into bankruptcy before all became due. The Oven Company, claiming the contract to be one of bailment (termed a…