Wood v. Advance Rumely Thresher Co.

Burke, Oh. J.

This is an action upon an alleged breach of warranty in an order for machinery.

The trial judge made findings of fact and conclusions of law favorable to the plaintiff, and from a judgment entered thereon the defendant appeals.

In January, 1925, George Ranuni an agent to solicit orders for the defendant company, procured from the plaintiff an order for a 20-35 tractor to be paid for in cash. The order provides:

“This contract shall not be obligatory upon vendor until accepted by it at its head office, and no agreement collateral hereto shall be binding upon either party unless in…