Wheeling Mold & Foundry Co. v. Wheeling Steel & Iron Co.

Cox, Judge:

By a contract in writing bearing date the 16th day of September, 1901, entered into by and between the Wheeling Steel and Iron Company, designated therein as the “owner,” and the Wheeling Mold and Foundry Company, designated therein as the “contractor,” the latter Company was to manufacture and deliver to the former Company, certain Pipe Mill Machinery. The contract recited that the contractor had full knowledge of the owner’s requirements in regard to the machinery, and full knowledge that the building of the machinery was to be begun forthwith and that it was necessary that it…