John A. Roebling's Sons Co. v. Winthrop Hematite Co.

The plaintiff is a manufacturer of iron and steel rope in New Jersey. The defendant operates an open-pit iron mine near Ishpeming, in this State.

In the month of August, 1883, H. L. Shippey, the agent of the plaintiff, made, while in Ishpeming, a contract with defendant for the delivery of 2,000 feet of No. 1 Bessemer steel wire rope, 2-£ inches in diameter, which was to be used by the defendant for conveying power from the pump-house on the surface to the pumps at the bottom of the mine. It was figured that the rope would be subjected to a. working strain of 18 tons, and Mr. Shippey, with the…