PETRUS MACHINERY, INC. v. RADIATOR SPECIALTY COMPANY

No. 239.

125 S.E.2d 367 (1962)

257 N.C. 85

PETRUS MACHINERY, INC. v. RADIATOR SPECIALTY COMPANY, a Corporation.

Supreme Court of North Carolina.

May 2, 1962.


Attorney(s) appearing for the Case

Richard M. Welling, Charlotte, for plaintiff-appellant.

Levine, Pizer & Goodman, Charlotte, for defendant-appellee.


DENNY, Chief Justice.

The findings of fact by the trial judge do not disclose whether or not the machines delivered to the defendant failed to answer the description set out in the contract or were otherwise defective. If the machines delivered to the defendant were the machines actually purchased by the defendant and inspected by its agent in Cleveland, Ohio, and were reconditioned in accordance with the terms of the contract, then in our opinion the defendant did...

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