Wilkes Poultry Co. v. Clark Trailer & Equipment Co.

Plaintiff does not allege in its complaint that the defendant agreed to recondition the trailer and put it in first class condition, but on the contrary it alleges that the “defendant by its act represented that such work had been safely and securely done.” It does allege defective and negligent workmanship on the part of the defendant in connection with the welding of the pintle plate to the frame of the trailer, but there is no evidence tending to show that such welding was done by the defendant. In fact, the plaintiff’s evidence tends to show to the contrary. The plaintiff’s expert witness…