French v. Smith Booth Usher Co.

SHAW, J. pro tem.

Plaintiff appeals from a judgment adverse to him, entered after a trial before the court sitting without a jury. In his complaint plaintiff alleged that at the time of the transaction in question he was engaged in the business of hauling cement, sand and gravel and the defendant was in the business of selling machinery for use in mixing those materials and depositing them in place; that on July 27, 1940, he purchased from defendant, on conditional sale contract, two trucks, on which were mounted concrete mixers, and other apparatus for use in connection therewith, and that on…