Acker v. Hopfeld

BLACKBIRD, Justice.

This action arose out of a transaction in which plaintiff in error, an Oklahoma City distributor of construction specialties, hereinafter referred to as defendant, in November, 1962, sold Douglas Aircraft Company (hereinafter referred to merely as “Douglas”) of Tulsa, a total of 78 Himco mechanics stepladders manufactured from fiber glass'and redwood, in California, by defendant in error, herein referred to as plaintiff.

After a sample of this type of ladder, and a Himco catalogue describing it, had been exhibited at Douglas’ Tulsa plant, defendant ordered them from…