Columbia Rolling Mill Co. v. Beckett Foundry & Machine Co.

The opinion of the court was delivered by

Dixon, J.

This action was brought to recover the price of certain machinery manufactured by the plaintiff for the defendant, under a written contract, dated January 13th, 1890. The contract required the plaintiff to deliver the *392machinery, free, on board of cars at the Erie station in Jersey City, and contained the following clause: “ The whole or any part of the above work, before being paid for, shall be subject to the approval of the general manager of the [defendant] company, Mr, W. L. Brockway; payments to be made, 70 per cent. 30 days after date of…