National Cash Register Co. v. Unarco Industries, Inc.

FAIRCHILD, Circuit Judge.

Plaintiff appeals from a judgment dismissing its complaint.

*286Plaintiff, the owner, contracted with Shook for the construction of a distribution center building for plaintiff. The contract called for installation of 23 ten-foot “dockboards” (mechanical loading platforms). Subsequently, plaintiff decided that only longer, 12 foot dock-boards, not a standard size, could fulfill plaintiff's needs. Accordingly, Shook and plaintiff agreed that plaintiff would find a manufacturer that would provide the 12 foot dockboards and would pay the additional cost.

Plaintiff located…