Paul O'Leary Lumber Corporation, Plaintiff-Appellant-Cross v. Mill Equipment, Inc., Wilco MacHine Works, Inc., Defendant-Appellee-Cross

This case reaches us as an appeal by Paul O’Leary Lumber Corporation and cross-appeal by Wilco Machine Works, Inc. At the heart of the controversy is the Selective Beaver No. 2, a machine that is designed to produce rough lumber and wood chips in one operation at a profitable rate. The machine was manufactured by Mill Equipment, Inc. and sold by Wilco to O’Leary. It performed miserably. The Beaver’s failure was attributable primarily to its cutting knives, which were not strong enough for the hard Southern yellow pine used in O’Leary’s operation. The Beaver had previously been operated in the…