SOUTHEASTERN ENGINEERING & MANUFACTURING COMPANY v. Lyda

Townsend, Judge.

On the trial it was undisputed that the defendant, who ran a small artcraft manufacturing company, contracted with the plaintiff to design, construct and install a modification of a tenoning machine which she was using in her business; that the plaintiff did so, and that the modification after installation did not perform, the only question being whether its failure to perform was due to the plaintiff or the defendant. The machine in question was a power tenoning machine upon which the defendant at the time had been using a jig which cut tenons or tongues in one end of- a wood…