BOSWAY TUBE & STEEL CORP. v. McKAY MACHINE CO.

Docket No. 19701.

65 Mich. App. 426 (1975)

237 N.W.2d 488

BOSWAY TUBE & STEEL CORPORATION v. McKAY MACHINE COMPANY

Michigan Court of Appeals.

Decided November 12, 1975.


Attorney(s) appearing for the Case

Hill, Lewis, Adams, Goodrich & Tait (by Timothy D. Wittlinger and John D. Mabley), for plaintiff.

Cross, Wrock, Miller & Vieson (by W. Robert Chandler), for defendant.

Before: J.H. GILLIS, P.J., and BRONSON and T.M. BURNS, JJ.


Leave to appeal applied for.

T.M. BURNS, J.

Plaintiff purchased a tube mill (a machine which manufactures metal tubing) from defendant in 1965. After delivery and installation, the mill did not perform properly and much time and money were expended by both parties in attempts to repair it. The mill was designed and constructed to manufacture both round and square tubing, but in operation never satisfactorily produced square tubing. It is apparent from the...

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