In re George M. Hill Co.
Court of Appeals for the Seventh Circuit
Appeal from the District Court of the United States for the Northern Division of the Northern District of Illinois. The Dexter Folder Company, in December, 1901, agreed in writing yith the bankrupt to sell to it a Dfexter automatic feeding machine, to be attached to a No. 101 Dexter double sixteen folder, then owned and operated by the bankrupt, guarantying the machine to do in a satisfactory manner, when in the hands of competent operators, the work for which it was…
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Appeal from the District Court of the United States for the Northern Division of the Northern District of Illinois. The Dexter Folder Company, in December, 1901, agreed in writing yith the bankrupt to sell to it a Dfexter automatic feeding machine, to be attached to a No. 101 Dexter double sixteen folder, then owned and operated by the bankrupt, guarantying the machine to do in a satisfactory manner, when in the hands of competent operators, the work for which it was designed. The bankrupt agreed to be responsible for the full value of the machine against loss or damage (aside from general…
1Opinion of the CourtJenkins, Circuit Judge
(after stating the facts as above). The contract of sale was executory, and was conditioned that the machine should run satisfactorily, and that title should not pass until payment. The first question presented is whether there was an acceptance by the buyer of the article furnished. Its mere receipt did not constitute acceptance. Benjamin on Sales (6th Am. Ed.) § 703. Acceptance comprehends both physical receipt and mental assent. The vendee agreed to buy and to pay for the feeder “when machine is running satisfactorily.” The bankrupt had the right of inspection to determine *868if the machine…
2Cases cited9 opinions
- Harkness v. RussellSupreme Court of the United States · 1886
- Hervey v. Rhode Island Locomotive WorksSupreme Court of the United States · 1877
- Dooley v. PeaseSupreme Court of the United States · 1901
- Murch v. WrightIllinois Supreme Court · 1868
- Chickering v. BastressIllinois Supreme Court · 1889
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- Fidelity Fuel Co. v. Martin Howe Coal Co.Court of Appeals for the Seventh Circuit · 1926
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