Meylert v. Gas Consumers' Benefit Co.

The agreements between the parties to this action, executed in August, 1886, and March, 1887, were superseded by the contract of December 6th, 1887, and they will therefore be left out of view in disposing of this case.

The evidence, I think, establishes that prior to the execution of the contract of December 6th, 1887, the manufacture of the “ Diaphragm Burner ” had been abandoned, and that, as is contended for by the plaintiff’s counsel, both parties thereafter treated in reference to the new burner, samples of which were in the possession of plaintiff. The evidence, I think, also…