Tilton Safe Co. v. Tisdale
Supreme Court of Vermont
GENERAL Assumpsit. Plea, the general issue, trial by jury, and verdict for plaintiffs, December Term, 1874, Powers, J., presiding. Plaintiffs were dealers in safes known as the Tilton, McFarland safe, and on the 18th of February, 1878, one Jacobs, plaintiffs’ traveling agent and salesman, negotiated a sale of one of plain-tills’ safes to the defendant, at St. Johnsbury, and on that day took an order for a safe as follows : '■'■Messrs.
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GENERAL Assumpsit. Plea, the general issue, trial by jury, and verdict for plaintiffs, December Term, 1874, Powers, J., presiding. Plaintiffs were dealers in safes known as the Tilton, McFarland safe, and on the 18th of February, 1878, one Jacobs, plaintiffs’ traveling agent and salesman, negotiated a sale of one of plain-tills’ safes to the defendant, at St. Johnsbury, and on that day took an order for a safe as follows : '■'■Messrs. Tilton, McFarland: — Please send me as soon as possible, 1 No. 4 safe with combination lock, for which I agree to pay $150 as follows; $75 in six months from…
1Opinion of the Court
The opinion of the court was delivered by
Barrett, J.
“The plaintiffs shipped a No. 4 safe with combination lock of their make to the defendant.” This was so far a strict *89compliance with the defendant’s order. It was the very thing the terms of the order called for. There was no implied warranty as to the merit or usableness of the lock, but only that it should be answerable to the call of the order. If it did not answer that call, or if the plaintiffs practiced a fraud in the matter of the body of the safe or the lock, it was the right of the defendant to return the safe as soon, within…
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- Curran & Wolf v. Hauser, Kramer & Co.Ohio Superior Court, Cincinnati · 1890