DUHRKOP OVEN CO. v. TORMAY

No. 3328.

9 F.2d 281 (1925)

DUHRKOP OVEN CO. v. TORMAY et al.

Circuit Court of Appeals, Third Circuit.

November 23, 1925.


Attorney(s) appearing for the Case

Jenkins, Turner & Jenkins, of Wilkes-Barre, Pa. (Mitchell Jenkins, of Wilkes-Barre, Pa., of counsel), for plaintiff in error.

George H. McDonnell and Arthur H. James, both of Wilkes-Barre, Pa., for defendants in error.

Before BUFFINGTON, WOOLLEY, and DAVIS, Circuit Judges.


WOOLLEY, Circuit Judge.

Pursuant to a written contract the Oven Company built an oven for Kohler upon premises which he held under lease and used as a bakery. The structure was placed outside the bakery and consisted of metal plates, tie rods, beams, pipes, flues, etc., there assembled and put together, surrounded on its four sides by brick walls, one, the outer wall of the building, and the others newly constructed walls. Kohler made some payments and defaulted in...

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