Bosway Tube & Steel Corp. v. McKay MacHine Co.

Plaintiff purchased a tube mill (a machine which manufactures metal tubing) from defendant in 1965. After delivery and installation, the mill did not perform properly and much time and money were expended by both parties in attempts to repair it. The mill was designed and constructed to manufacture both round and square tubing, bút in operation never satisfactorily produced square tubing. It is apparent from the record that plaintiff’s primary purpose in purchasing the tube mill was for the production of square tubing. A year after delivery of the machine, defendant ceased making repairs on…