Legal Opinion

Robbins v. Clark

Massachusetts Supreme Judicial Court

Decided July 1, 1880PublishedCited by 15 opinions

Contract upon an account annexed for the price of a lot of “ spiral economizers ” placed in the defendant’s boiler. Trial in the Superior Court, without a jury, before Rockwell, J., who found as facts that the parties contracted that the plaintiff should put his “ spirals ” into the defendant’s boiler; that a test trial should be made, two days with the spirals in the boiler, and two days with them not in; that if the test trial showed that the spirals made a saving of as…

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Contract upon an account annexed for the price of a lot of “ spiral economizers ” placed in the defendant’s boiler. Trial in the Superior Court, without a jury, before Rockwell, J., who found as facts that the parties contracted that the plaintiff should put his “ spirals ” into the defendant’s boiler; that a test trial should be made, two days with the spirals in the boiler, and two days with them not in; that if the test trial showed that the spirals made a saving of as much as twelve per cent in the fuel consumed, the defendant should pay the agreed price; and that this trial was to be and…

1Opinion of the CourtAmes, J.

It appears upon the facts reported that the articles which the plaintiff had furnished were recommended on the ground that they would make a saving in the fuel consumed of as much as twelve per cent. The question whether they would do so was agreed to be left to be decided upon actual experiment by the defendant’s engineer. ■ It is reported as a fact found by the court, sitting without a jury, that the experiment was tried by the engineer, and showed a saving exceeding twelve per cent. His decision was rendered accordingly, and is to be considered as the award of a referee under a submission…

2Cases cited1 opinion

  1. Flint v. GibsonMassachusetts Supreme Judicial Court · 1871

3Cited by15 opinions

  1. New England Trust Co. v. AbbottMassachusetts Supreme Judicial Court · 1894
  2. C. W. Hunt Co. v. Boston Elevated Railway Co.Massachusetts Supreme Judicial Court · 1908
  3. Benjamin Foster Co. v. CommonwealthMassachusetts Supreme Judicial Court · 1945
  4. Hebert v. DeweyMassachusetts Supreme Judicial Court · 1906
  5. Norcross v. WymanMassachusetts Supreme Judicial Court · 1904

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