Manitowoc Steam Boiler Works v. Manitowoc Glue Co.
Wisconsin Supreme Court
Appeal from a judgment of tbe circuit court for Mani-towoc county: Michael KibwaN, Circuit Judge. Action to recover tbe contract price and enforce a lien for supplying a steam boiler to tbe defendant.
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Appeal from a judgment of tbe circuit court for Mani-towoc county: Michael KibwaN, Circuit Judge. Action to recover tbe contract price and enforce a lien for supplying a steam boiler to tbe defendant. Tbe evidence disclosed tbat tbe defendant operated a glue factory, inquiring a large amount of steam, not only for power, but also for beating and drying; tbat it bad an old tubular boiler, wbicb bad been manufactured by tbe plaintiff, and witb wbicb and its use tbe plaintiff was entirely familiar; tbat in sucb situation tbe parties negotiated for a new boiler, tbe defendant stating to tbe…
1Opinion of the CourtDodge, J.
Tbe Result of tbis action, whereby the defendant is required to pay the full contract price for a boiler of only about one half the capacity or valúe of that for which it agreed to pay it, is somewhat startling, especially in view of the consideration, understood by both parties, that its only reason for buying a new boiler at all was that the operation of the factory required more steam than the old one could supply. Before reaching such a result, a court should pause to re-examine the rules of law or processes of reasoning upon which it is based. If the law warrants it, the force or value…
2Cases cited23 opinions
- Dermott v. JonesSupreme Court of the United States · 1865
- Smith v. . BradyNew York Court of Appeals · 1858
- Laycock v. ParkerWisconsin Supreme Court · 1899
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Allen v. McKibbinMichigan Supreme Court · 1858
18 more not listed; retrieve them via the Exa API.
3Cited by16 opinions
- Manning v. School District No. 6Wisconsin Supreme Court · 1905
- Foeller v. HeintzWisconsin Supreme Court · 1908
- Plante v. JacobsWisconsin Supreme Court · 1960
- Cointe v. Congregation of St. John the BaptistWisconsin Supreme Court · 1913
- Sherry v. MadlerWisconsin Supreme Court · 1905
11 more not listed; retrieve them via the Exa API.