American Hoist & Derrick Co. v. Lynn

In June, 1929, appellee, Lynn, entered into a contract with the Schofield-Burkett Construction Company, under which contract it is claimed that the latter company agreed to furnish certain machinery adequate and sufficient for the excavation of appellee’s gravel pit in Carroll county. The contract further provided, so it is said, that, if the machinery so furnished was found suitable and efficient, appellee agreed to purchase the same at a stated price. The construction company was to send a competent engineer to install the machinery and to direct the operations, and this was done. The…