Church v. Wright Machine Co.

Opinion op the Court by

Judge Sampson

Affirming.

*562About April 1, 1916, Church and Rogers by a written contract purchased from appellee, Wright Machine Company, a dredge machine of a specific size and character, at the price of $4,000; $1,000 was paid in cash and the balance was paid on delivery of the machine at the shops in Owensboro on May 23, 1916. The machine was purchased for the express purpose of digging and cleaning-out ditches and doing other dredge work of that nature. According to the contract the manufacturers were to set up the machine and put it in good running- order, and the…