Wilmington Dry Goods Co. v. National Automatic Machine Co.

Richards, J.,

delivering the opinion of the Court:

There was some evidence at the trial that the scales never worked satisfactorily, and that the plaintiff never serviced them properly, as it agreed to do, but this defense was abandoned, and, therefore, need not be considered.

It is admitted that two separate and distinct contracts for the sale of scales were entered into between the plaintiff and the defendant, and that in pursuance thereof five sets of scales were delivered to and received by the defendant. The plaintiff is a corporation created under the laws of the State of Minnesota, and…