Vermont Farm Machine Co. v. Francis Batchelder & Co.
Supreme Court of Vermont
Assumpsit. Plea, the general issue. Trial by jury at the September term, 1895, Windsor county, Tyler, J., presiding. Verdict and judgment for the defendants. Plaintiff excepts. The plaintiff brought suit for the purchase price of one No. 1 United States Cream Separator furnished under written contract with the defendants.
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Assumpsit. Plea, the general issue. Trial by jury at the September term, 1895, Windsor county, Tyler, J., presiding. Verdict and judgment for the defendants. Plaintiff excepts. The plaintiff brought suit for the purchase price of one No. 1 United States Cream Separator furnished under written contract with the defendants. The material part of this-contract was as follows : “The Vermont Farm Machine Company agrees to furnish Francis Batchelder & Co. one No. x United States Cream Separator, complete, with belt, one set of balls, one steel step, one set of rubber rings, one six-horse power…
1Opinion of the CourtRoss, C. J.
The action is to recover for a No. 1 United States Cream separator and other property to be used in setting up and propelling the separator at Plainfield, Vt.,
“And guaranteed to do as good work as any other sepai’ator in the market and to skim to one-tenth of one per cent, of fat or less; and to skim of summer milk twenty-two hundred pounds per hour and of winter milk eighteen hundred pounds per hour — the machine to be properly operated. By ‘properly operated’ it shall be understood to mean that the machine shall be run at a speed of seventy-two hundred revolutions per minute, and operated…
2Cited by3 opinions
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