Foote & Davies Co. v. Houchin Manufacturing Co.

The plaintiff in the court below was a manufacturer of machinerj’, and the defendant was a publisher and bookbinder. The president of the defendant company desired, to have constructed a book-covering machine, and, acting for his company, employed the plaintiff to construct such a machine. As the machine seems to have had no model, but was novel and experimental, there was some doubt as to its practical success. The plaintiff, therefore, while willing to undertake its construction, and though it had faith in its ability to construct the machine to meet the views of the defendant, was…