M. F. Marx Manufacturing Co. v. Beha Laundry Co.

Opinion of the Court by

Commissioner Sandidge

Reversing.

By a writing dated April 24, 1924, which, the parties signed, appellant, M. F. Marx Manufacturing Company, agreed “to sell and deliver and install” a Ray rotary fuel oil burner, with tank and certain other machinery and fixtures with which to fire the boiler, which was owned by, and was a part of, the plant of appellee, Beha Laundry Company. The oil burner and other machinery and equipment were installed by appellant in August, 1924, and, appellee having failed to pay the agreed purchase price, this action was instituted to recover it.…