Allis-Chalmers Manufacturing Co. v. Columbia Brewing Co.

Landis, P. J.,

The plaintiff’s statement alleges that, on May 2, 1922, the Columbia Brewing Company, per C. W. Kloidt, under a written contract, ordered one 75 H. P. Wound Motor with Slide Rails, Pulleys and C. H. Speed Regulator, at the price of $1750; that the same, which was of a special design and construction, was duly manufactured and delivered in accordance with the contract, but payment has as yet not been made.

The affidavit of defence does not deny that the plaintiff made and delivered the machine and no complaint is made concerning its qualities, but it is alleged that when it was…