Buckeye Manufacturing Co. v. Woolley Foundry & Machine Works

Suit by appellee to recover of appellant the value of certain machinery. Complaint in two paragraphs, the second of which was withdrawn. Demurrer to first paragraph overruled. Answer in denial and also special matter of defense. Trial by court and finding for appellee. Motion for new trial overruled and judgment on finding. The sufficiency of the complaint and denial of a new trial are questioned by the errors assigned.

The complaint avers that appellant made its written order to appellee for the construction and erection by appellee of one cylinder boring and facing machine at a price named;…