Shotwell-Johnson Co. v. C. O. D. Tractor Co.

Taylor, C.

Defendant, a manufacturer of farm tractors, entered into a contract with plaintiff in December, 1916, by which plaintiff agreed to manufacture and furnish to defendant, ready for use, 100 radiators for these tractors to be delivered in instalments and paid for as delivered. The number of radiators to be furnished was later increased to 400. The contract contained this provision:

The second party (plaintiff) guarantees that the above radiators shall be made of good material and in a workmanlike manner and that they shall do the work well for which they are intended. Any defect found…