Benton Harbor Malleable Industries, Inc. v. Pearson Construction Co.

Plaintiff is a Michigan corporation operating a foundry in Benton Harbor, Michigan, and in March, 1947, purchased sand-handling machinery from a manufacturer of such equiment located in Cleveland, Ohio.

The defendant is a Michigan corporation, having its principal place of business in Benton Harbor, Michigan, and is engaged in the business of installing the type of machinery and equipment plaintiff purchased from the Cleveland manufacturer.

Plaintiff contracted with defendant to install the machinery in its foundry and employed the Cleveland manufacturer’s superintendent (Mr. Kendall) to…