Accumulator Co. v. Dubuque St. Ry. Co.
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Northern District of Iowa. This was an action upon a contract to recover $48,886.89, the purchase price of certain machinery, ma! erial and services which constituted an electrical equipment for operating ilio Dubuque Street Itailway by the storage-battery system.
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In Error to the Circuit Court of the United States for the Northern District of Iowa. This was an action upon a contract to recover $48,886.89, the purchase price of certain machinery, ma! erial and services which constituted an electrical equipment for operating ilio Dubuque Street Itailway by the storage-battery system. The defense was that the plaintiff, the Accumulator Company, failed to comply with its contract as to the character and efficiency of the equipment, to file damage of the defendant, the Dubuque Street Hallway Company, in an amount in excess of the purchase price. There was a…
1Opinion of the Court
BAXBORX. Circuit Judge,
after stating the facts as above, delivered the opinion.
In answer to this action for the purchase price of machinery and supplies the defendant pleaded and recovered as a counterclaim the damages which resulted to it from the failure of the plaintiff to furnish an electric equipment: of the character described in the contract of sale. The subject-matier of the contract was the necessary machinery'and supplies to operate the Dubuque Street Railway by electricity through the use of the storage-battery system. In the operation of this system batteries charged with…
2Cases cited14 opinions
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- New York & Colorado Mining Syndicate & Co. v. FraserSupreme Court of the United States · 1889
- Swain v. . SchieffelinNew York Court of Appeals · 1892
- Polhemus v. HeimanCalifornia Supreme Court · 1873
- Poland v. MillerIndiana Supreme Court · 1884
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3Cited by35 opinions
- Western Commercial Travelers' Ass'n v. SmithCourt of Appeals for the Eighth Circuit · 1898
- Salt Lake City v. SmithCourt of Appeals for the Eighth Circuit · 1900
- United States Fidelity & Guaranty Co. v. Board of Com'rs of Woodson CountyCourt of Appeals for the Eighth Circuit · 1906
- Kauffman v. RaederCourt of Appeals for the Eighth Circuit · 1901
- American Bonding Co. of Baltimore v. Pueblo Inv. Co.Court of Appeals for the Eighth Circuit · 1906
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