Saint Marys Machine Co. v. Cook

*113Opinion op the Court by

Judge Thomas

Reversing.

Appellee and plaintiff below, John Cook, was engaged in the grist milling business at Irvington, Kentucky, operating under the name of Irvington Mill & Elevator, and on May 28, 1915, he claims to have entered into a contract with appellant and defendant below, Saint Marys Machine Company, to purchase from it one “forty-brake horse power oil engine of the H. 0. type Saint Marys, to operate on fuel oil as fuel, two-cylinder, single acting, four-stroke cycle.” There was a clause in the contract saying: “The engine is guaranteed to operate…