Court of Appeals for the Eighth Circuit March 12, 1936, No. 10331 (Marion Steam Shovel Co. v. Bertino)

WOODROUGH, Circuit Judge

(dissenting).

The Marion Steam Shovel Company manufactured an eight-yard capacity electric shovel in its Ohio factory and sold it to the Alston Coal Company in Missouri on terms customary in such transactions; that is, the manufacturer reserved title until the machine should be set up and paid for, and, in order to get it set up, sent out his experts and erecting tools