Stillwell & Bierce Manufacturing Co. v. Phelps
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT _/)F THE UNITED STATES FOR THE EASTERN DISTRICT OF WISCONSIN. • This was an.action by an Ohio corporation against a citizen of Delavan in the State of Wisconsin, upon a contract in writing, by which, the plaintiff agreed “ to furnish .and put in complete operation for the second party, in his flouring mill at Delavan aforesaid, one first-class seventy-five barrel capacity roller-mill complete,” including certain machinery specified; “ the first…
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ERROR TO THE CIRCUIT COURT _/)F THE UNITED STATES FOR THE EASTERN DISTRICT OF WISCONSIN. • This was an.action by an Ohio corporation against a citizen of Delavan in the State of Wisconsin, upon a contract in writing, by which, the plaintiff agreed “ to furnish .and put in complete operation for the second party, in his flouring mill at Delavan aforesaid, one first-class seventy-five barrel capacity roller-mill complete,” including certain machinery specified; “ the first party to usé all machinery, belting, etc., etc., now in said flouring mill that is in-proper condition’ for use, except…
1Opinion of the CourtJustice Gray
The principal position taken in the argument for the plaintiff is. that the defendant, having received and retained the machinery'furnished under.the contract sued on, was bound to pay the contract price; and in support' of this position., cases were cited, holding that under a contract to manufacture or to furnish a chattel satisfactory to the purchaser, the purchaser, if he takes possession of and uses it, thereby conclusively, accepts it as satisfactory, and binds himself to pay the whole contract, price.
Considering the ,instructions given at the plaintiff’s own request, and the grounds on…
2Cases cited4 opinions
- Benjamin v. HillardSupreme Court of the United States · 1860
- Railroad Co. v. SmithSupreme Court of the United States · 1874
- Marsh v. McPhersonSupreme Court of the United States · 1882
- Perkins v. StickneyMassachusetts Supreme Judicial Court · 1882
3Cited by95 opinions
- Hamling v. United StatesSupreme Court of the United States · 1974
- Inland & Seaboard Coasting Co. v. TolsonSupreme Court of the United States · 1891
- Gila Valley, Globe & Northern Railway Co. v. HallSupreme Court of the United States · 1914
- Montana Railway Co. v. WarrenSupreme Court of the United States · 1890
- Spiller v. Atchison, Topeka & Santa Fe Railway Co.Supreme Court of the United States · 1920
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