Jaeger MacHine Co. v. L. B. Smith, Inc.

Opinion by

Stadtfeld, J.,

This is an action of assumpsit for goods which the defendant admits were sold and delivered. A counterclaim was interposed for commissions alleged to be due from the plaintiff to the defendant upon certain sales of plaintiff’s “truck mixers”. The issues were tried by Reese, P. J., without a jury.

During 1937 and 1938, the Jaeger Machine Company located in Columbus, Ohio, was the manufacturer of “truck mixers”, which are concrete mixers built to be mounted on trucks. Tim Jaeger Company entered into a written contract with L.. B. Smith Company of Camp Hill, Cumberland…