Ray Reilly's Tire Mart, Inc. v. F. P. Elnicki, Inc.

Plaintiff appeals the trial court’s decision in an action brought to recover the price of tires supplied to defendant. We affirm.

Plaintiff supplied and installed tires on defendant’s truck at the request of Foster Motors, Inc., d/b/a Mid-State Trucks. Defendant had purchased a dump truck from Foster Motors, which proved to be difficult to handle while hauling the heavy loads involved in defendant’s excavation business. Foster Motors made several attempts to remedy the problem, including having the plaintiff replace the tire rims. At Foster Motors’ request, a Michelin representative examined…