Whittier Machine Co. v. Graffam
Massachusetts Supreme Judicial Court
Contract, to recover for two hydraulic passenger elevators, with pumps, tanks, and piping and steam heating apparatus erected by the plaintiff in two apartment houses of the defendant in Boston. Trial in the Superior Court, before Ilophins, J., who directed, a verdict for the defendant; and the plaintiff alleged exceptions. The facts appear in the opinion.
1Opinion of the CourtKnowlton, J.
The decision of this case turns on the construction of the contract declared on. The defendant contends that the plaintiff was to furnish two elevators, each of which could lift a load of twelve hundred pounds, and would ascend at the rate of two hundred feet per minute with average loads, whether run by steam power or by a supply of water under pressure from the street mains. The plaintiff contends that this stipulation as to the power and speed of the elevators applies only when they are run by the steam engine and pump, which were put in for the purpose of furnishing power.
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2Cited by7 opinions
- Butler v. PrussianMassachusetts Supreme Judicial Court · 1925
- Willett v. SmithMassachusetts Supreme Judicial Court · 1913
- Bassett v. RogersMassachusetts Supreme Judicial Court · 1894
- Scaplen v. BlanchardMassachusetts Supreme Judicial Court · 1904
- Western Union Tel. Co. v. American Bell Tel. Co.U.S. Circuit Court for the District of Massachusetts · 1900
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