Legal Opinion

Underfeed Stoker Co. v. Hudson County Consumers' Brewing Co.

Supreme Court of New Jersey

Decided June 20, 1904PublishedCited by 1 opinion

This was an action to recover the price of two “Jones Underfeed Mechanical Stokers,” which defendant in error, by a written proposition, dated December 13th, 1900, offered to furnish to plaintiff in error, and connect with certain of its boilers, for the price of $1,583. The proposition contained the following guarantee, among others: “We will guarantee jtou a direct net saving of 10 per cent, over that which can be obtained by hand-firing.”

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This was an action to recover the price of two “Jones Underfeed Mechanical Stokers,” which defendant in error, by a written proposition, dated December 13th, 1900, offered to furnish to plaintiff in error, and connect with certain of its boilers, for the price of $1,583. The proposition contained the following guarantee, among others: “We will guarantee jtou a direct net saving of 10 per cent, over that which can be obtained by hand-firing.” It provided for a test respecting such guarantee in the following language: “In order to- demonstrate the difference in economy between the hand-fired…

1Opinion of the Court

The opinion of the court was delivered by

Magte, Chancellor.

The assignments of error are directed to the refusal of the trial judge to direct a verdict in favor of the plaintiff in error (who was the defendant below), and to instructions to the jury.

The bills of exception disclose that the stokers which were the subject of the contract shown in the prefatory statement *651weré afterward connected with a boiler belonging to plaintiff in error, and that on November 1st, and November 4th, 1901, a test of some sort was made respecting the saving obtained by the use of said stokers over “hand-firing.”…

2Cases cited2 opinions

  1. Smith v. York Manufacturing Co.Supreme Court of New Jersey · 1895
  2. Mechanical Boiler Cleaner Co. v. KellnerSupreme Court of New Jersey · 1898

3Cited by1 opinion

  1. Doran v. ThomsenSupreme Court of New Jersey · 1908

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