Gill Equipment Co. v. Kaufman

JOSEPH C. HUTCHESON, Chief Judge.

Alleging that he had bought, and paid fifty-four thousand dollars for, a Model 54-B Bucyrus — Erie Shovel, complete with Shovel Front attachment, but that defendant did not have clear title to, and had not, as it had agreed to do, delivered the shovel front to him or put him in possession, of it, plaintiff brought this suit to recover $10,-598.12, the value thereof.

The defendant, admitting the purchase as alleged, denied plaintiff’s charges that it had failed to make delivery or place plaintiff in possession of the shovel front as agreed. Alleging that…