Aladdin Oil Burner Corp. v. Morton

The opinion of the court was delivered by

Heher, J.

Plaintiff sued to recover the price of an oil burner sold and delivered to defendant under a contract which conditioned defendant’s liability for the purchase price upon a “reasonable satisfaction” with the equipment. The latter disaffirmed under this clause. The District Court judge, sitting without a jury, rendered judgment for the defendant.

The state of the case exhibits issues of fact; and in this situation it was error for the judge, at the close of the case, to deny the right of summation asserted by appellant. This constituted an…