Lexington Compress Oil Mill Co. v. Johnston & Jennings Co.

This cause is before us upon a motion by the complainant to transfer same to the court of civil appeals, for the reason that this court is without jurisdiction to determine .the issues presented.

The appeal was granted from an interlocutory decree adjudging that defendants had sold complainant two oil-burning engines, which were defective and- not reasonably adapted for the work for which they were sold, and referring the cause to the master to take proof and report as to the amount of damage.

The decree contains the following recital:

“The court is therefore of the opinion, and so holds, that,…