Tinius Olsen Testing MacHine Co. v. Wolf Co.

Opinion by

Mr. Justice Kephart,

The defendant, a manufacturer of milling machinery which required the construction of rotary parts of a variety of sizes, purchased a machine to determine the balance of these parts. Plaintiff sent its engineer to defendant’s plant to inspect the work being done there and recommended the type of machine to be used. The one selected was received July, 1926, and set up August 31st, at which time a demonstration was made. Efforts were then made by defendant’s employees to familiarize themselves with the machine, and place it in operation. This continued until…