Ace Engineering Co. v. West Bend Malting Co.

In July, 1937, plaintiff sold defendant two oil burners to replace coal furnaces theretofore used by defendant to heat and dry its malt products. It is conceded that under the contract plaintiff was obligated to construct and install fireboxes and burners in such a manner that there would be no smoke, fumes, or soot. It is also- conceded that it was understood by all of the parties that if the burners smoked they would injure 'the grain and impair or destroy its value for human consumption. The burners were installed on or about September 1, 1937, and were fired on September 15th.

According…