Frick Co. v. Salyers

*764Opinion op the Court by

Judge Thomas

Reversing.

In February, 1914, the appellee and defendant below, John B. Salyers, signed a written order directed to the appellant and plaintiff below, Frick Company, for the purchase of a portable engine and a sawmill outfit, both of which, as well as the parts of the mill, were set forth and described in the order, and it contained the warranties of the plaintiff, as well as the agreements and obligations with respect thereto of defendant. The substance of the provisions, so far as applicable to the questions involved in this case, was that if the machinery…