Refinery Equipment, Inc. v. Wickett Refining Co.

SIBLEY, Circuit Judge.

Appellant as plaintiff sued appellee for $3500 as the purchase price of a bubble tower sold and delivered about July 28, 1944. Appellee admitted purchasing the bubble tower and its delivery, but alleged that it was guaranteed to be in good mechanical condition and capable of use for the purpose for which it was designed; and that on arrival it was discovered not safely usable and was rejected. There was a counter-claim for $497.34 lost in freight charges on the tower and in building an unused foundation for it. The judge, sitting without a jury, found that the bubble…