American Spiral Pipe Works v. Universal Oil Products Co.

Plaintiff below, who is appellant here, appeals from a judgment for $3,500 entered in favor of the defendant on a claim of offset. The controversy between the parties arises out of the manufacture by plaintiff for defendant of five oil stills for the use of the defendant at its oil refining plant in Independence, Kansas. The stills were manufactured and, after preliminary tests of at least three of them in the presence of a representative of the plaintiff’s engineer, were shipped from plaintiff’s factory at Chicago to the defendant at Independence on February 28, 1917, where they arrived…