Savage v. Markey Machinery Co.

The purpose of this action was to recover for the breach of an alleged express warranty in the sale of a second-hand donkey engine and boiler. The trial resulted in a judgment dismissing the action, from which the plaintiffs appeal.

The respondent, the Markey Machinery Company, is engaged in the machinery business in Seattle. The appellant Yakima Paving Company is engaged in road building in the eastern part of the state and, prior to the date of the purchase of the rig in question, had a contract with the state for the construction of a part of what is known as the Inland Empire Highway,…