STRICKLER v. RD. CO.

No. 34634.

165 Ohio St. 423 (1956)

STRICKLER, APPELLEE, v. THE BALTIMORE & OHIO RD. CO., APPELLEE; SCHAEFER BROS., INC., APPELLANT.

Supreme Court of Ohio.

Decided July 5, 1956.


Attorney(s) appearing for the Case

Messrs. Kaufmann, Shama & Devany, for plaintiff appellee.

Messrs. Wise, Roetzel, Maxon, Kelly & Andress, for defendant appellee.

Messrs. Siegel & Siegel, for appellant.


STEWART, J.

On September 24, 1952, Schaefer sent a purchase order to plaintiff, which reads, in part, as follows:

"Furnish one boiler to produce a maximum of 17,000 lbs. of steam per hour and necessary fittings, equipment and one lot of spare parts as per your quotation of Sept. 22, 1952. Dean[e] G. Strickler and Associates will complete the boiler assembly on the job site but the placement of the boiler is to be carried out by Schaefer Bros. Schaefer Bros...

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