Continental Casualty Co. v. Houdry Process Corp.

KIRKPATRICK, Chief Judge.

A concern called Process Engineers had a contract to build an oil cracking unit in Oklahoma. The contractor was unable to finish the job and the plaintiff, which had furnished the completion bond, took over and finished it at a loss. In this action the plaintiff is suing the defendant, the manufacturer of the unit, for damages, charging that the defendant was responsible for the failure, and assigning several grounds — participation in the project, breach of warranty and negligence.

The plaintiff has noticed its intention to take the depositions of four witnesses, two…