Demos Construction Co. v. Service Supply Corp.

Opinion by

Hirt, J.,

Plaintiff by contract in writing, leased to the defendant a specified machine together with a quantity of pipe and fittings. Defendant is a dealer in new and used construction machinery and it was agreed that the equipment was leased for the use of Benjamin Foster Company in the building of a large dam at Enfield, Massachusetts. The function of the machine was to pump mixed concrete through the pipe and deliver it to the forms. After delivery on the work, the Foster Company made three unsuccessful attempts to operate the machine and then returned it to plaintiff in New…