METALWORKING MACHINERY CO. v. FABCO, INC.

No. 5-83-22.

17 Ohio App. 3d 91 (1984)

METALWORKING MACHINERY COMPANY, INC., APPELLEE, v. FABCO, INC., APPELLEE; YODER MACHINERY COMPANY, APPELLANT.

Court of Appeals of Ohio, Hancock County.

Decided March 22, 1984.


Attorney(s) appearing for the Case

O'Brien & Bauer Co., L.P.A., and Bernard K. Bauer, for plaintiff-appellee.

Garver Oxley, for defendant and third party plaintiff-appellee.

Thomas Yoder, for defendant-appellant.


COLE, J.

This is an appeal taken from a decision of the Court of Common Pleas of Hancock County, wherein summary judgment was granted in favor of plaintiff, Metal working Machinery Company (hereinafter Metal working), in the amount of $15,000, plus defendant, Yoder Machinery Company (hereinafter Yoder).

The basic relevant facts in this case were stipulated to by the parties and are as follows.

On August 10, 1979, Metalworking purchased from East Coast...

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