Dolomite Limestone Products Co. v. Kennedyman Saun Manfg. & Engineering Corp.

The plaintiff is engaged in the manufacture of pulverized limestone for agricultural purposes and as an asphalt filler. The defendant manufactures mills or machines for that purpose. On April 24, 1924, a contract in writing was entered into for the purchase by plaintiff of one of defendant’s mills described as a “4' x 8' Airswept Tube Mill,” at the price of $6,268. It was delivered on or about June 1st, and the first payment made thereon. On June 29, 1925, there was default in payment, and defendant brought replevin and recovered possession. On July 1, 1925, plaintiff brought this action for…