Hazleton Tripod-Boiler Co. v. Citizens' St. Ry. Co.
U.S. Circuit Court for the District of Western Tennessee
This is a bill to enforce tbe mechanic’s lien for the erection of boilers in tbe defendant’s power house, the stipulated price being |17,000. ' The defendant company sets up fraud in the execution of the written contract, and asks to have it set aside. It is willing to pay only the cost of the boilers, which it avers was the real agreement, and was much less than the stipulated sum.
Read the full summary
This is a bill to enforce tbe mechanic’s lien for the erection of boilers in tbe defendant’s power house, the stipulated price being |17,000. ' The defendant company sets up fraud in the execution of the written contract, and asks to have it set aside. It is willing to pay only the cost of the boilers, which it avers was the real agreement, and was much less than the stipulated sum. The fraud charged is that Holmes, the agent of the plaintiff company, induced the president and board of directors to sign the written contract by false representation that it had been approved by Billings, the…
1Opinion of the CourtHammond, J.
(after stating the facts as above). The investigation before the master to ascertain the “cost” of the boilers, as shown by his report and the exceptions to it, convinces me that the right of the parties must be governed solely by the written contract. That was my impression at the hearing, but because Holmes admitted that he was to furnish the boilers at cost, without profit, and the defense was that, by fraud, he had procured a written contract for more, it seemed desirable, before final determination, to definitely ascertain precisely what the cost had been, which the proof did not then…
2Cases cited11 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Insurance Co. v. MowrySupreme Court of the United States · 1878
- De Witt v. BerrySupreme Court of the United States · 1890
- Richardson v. HardwickSupreme Court of the United States · 1882
- Forsythe v. KimballSupreme Court of the United States · 1876
6 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Blake v. Pine Mountain Iron & Coal Co.Court of Appeals for the Sixth Circuit · 1896
- Singer Metals, Inc. v. Industrial Mgmt. Corp.California Court of Appeal · 1953
- Finn v. CulberhouseSupreme Court of Arkansas · 1912
- McGuire v. HalloranSupreme Court of Iowa · 1920