E. W. Ross Co. v. Akers

Opinion of the Court by

Judge Thomas

— Reversing.

Appellee and plaintiff below, Lee Akers, purchased from appellant and defendant below, E. W. Rosfe Company (a corporation), whose place of business is Springfield, Ohio, the material for a steel silo which was to be shipped by defendant to- Sonora, ’Kentucky, f. o. b; car at Springfield, Ohio, and the silo was to be constructed by plaintiff out of the material purchased by him from defendant according- to written directions furnished by it. There was a warranty that the silo, if constructed according to directions, would “not be affected by…