City & Suburban Railway Co. v. Thomas C. Basshor & Co.
Court of Appeals of Maryland
Appeal from Baltimore City Court. Action on the common counts in assumpsit by the appellees against the appellant to recover the balance of contract price of five boilers furnished to the appellant. Plea, the general issue. The appellees in February, 1893, submitted to the appellant a bid for five horizontal, tubular boilers, and other work connected therewith.
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Appeal from Baltimore City Court. Action on the common counts in assumpsit by the appellees against the appellant to recover the balance of contract price of five boilers furnished to the appellant. Plea, the general issue. The appellees in February, 1893, submitted to the appellant a bid for five horizontal, tubular boilers, and other work connected therewith. In this bid, after specifying the diameter and length of shell, the diameter and heighth of dome, the number, diameter and length of tubes in each boiler, and specifying the fixtures, there was the following clause : “All fixtures of…
1Opinion of the CourtFowler, J.
The City and Suburban Railway Company and Thomas Basshor and Company agreed in writing that the latter *404should supply the materials for and manufacture and erect five horizontal return tubular boilers of two hundred horsepower capacity each, to be used by said Railway Company at its temporary plant at Waverly, on the York Road. These boilers, it was agreed, should be made in accordance with certain specifications furnished by Basshor & Co., the whole work to be completed and in running order not later than May, 1893. The work was finished and accepted by Railway Company, and the boilers have…
2Cases cited3 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Rice v. ForsythCourt of Appeals of Maryland · 1875
- Ridgeley v. CrandallCourt of Appeals of Maryland · 1853
3Cited by4 opinions
- Walsh v. JenveyCourt of Appeals of Maryland · 1897
- Alexander v. Capital Paint Co.Court of Appeals of Maryland · 1920
- Precision Development Co. v. Fast Bearing Co.Court of Appeals of Maryland · 1944
- Miller v. Cosmic Cement Tile & Stone Co.Court of Appeals of Maryland · 1908