Fairbanks, Morse & Co. v. Austin
Court of Appeals for the Ninth Circuit
In Error to the 'District Court of the United States for the Southern Division of the Eastern District of Washington; Frank H. Rud-kin, Judge. Action at law by Levi P. Austin and Jay R. Austin, partners as Austin Bros., and others, against Fairbanks, Morse & Co., a corporation. Judgment for plaintiffs, and defendant brings error.
1DissentRoss, Circuit Judge
It appears from the evidence that the contract was made by the defendant company, through its traveling agent, Powell, with Austin Bros. Levi Austin testified that Powell went over their land with him, and that he went, over with Powell their irrigation problem; that they went into thé details of the old plant, which was not satisfactory, according to the witness, “for even the acreage we had in then, and we wanted to put in more acreage, and we went into details as to the different lifts and the amount of water required, and he (Powell) proposed this 25 horse power outfit connected to an…
2Cases cited2 opinions
- Globe Refining Co. v. Landa Cotton Oil Co.Supreme Court of the United States · 1903
- Stebbins v. SeligCourt of Appeals for the Eighth Circuit · 1919