Dempster Mill Manufacturing Co. v. Fitzwater

It is difficult in this case to determine of what action or actions of the court the plaintiff in error complains. It is an action brought in the court below by the plaintiff in error to recover the price of certain machinery which it claims to have sold to the defendants upon a written contract set out in its petition, and for the time and expense of an expert furnished under another written contract set out in the petition. The first writing is, in substance and effect, an order by one of the defendants in behalf of all for a well-boring machine. There is appended to this a guaranty. The…