Victor Chemical Works v. Hill Clutch Co.
Court of Appeals for the Seventh Circuit
In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The Victor Chemical Works, plaintiff in error, was the defendant below in an action brought by Hill Clutch Company to recover the balance unpaid upon account of machinery delivered under an express contract.
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In Error to the Circuit Court of the United States for the Eastern Division of the Northern District of Illinois. The Victor Chemical Works, plaintiff in error, was the defendant below in an action brought by Hill Clutch Company to recover the balance unpaid upon account of machinery delivered under an express contract. From tile judgment entered upon verdict in favor of the latter this writ is prosecuted; and the parties are hereinafter referred to as plaintiff and defendant, respectively, in conformity with their arrangement in the suit below. The contract was for machinery to be furnished…
1Opinion of the Court
SEAMAN, Circuit Judge,
after stating the facts, deliyered the opinion of the court.
The contentions of error upon this writ, except one assignment for the reception in evidence of certain letters, hinge upon the assumed meaning or inoperativeness of a clause of the contract in suit, which reads:
“The acceptance of this machinery, when delivered, is understood to constitute a waiver of all claims for damages by reason of any delay.”
As the contract terms were otherwise undisputed in their import— that the plaintiff below was to furnish the machinery specified for equipment of the defendant’s…
2Cases cited1 opinion
- Underwood v. WolfIllinois Supreme Court · 1890
3Cited by2 opinions
- Murray Co. v. Citizens' Oil MillCourt of Appeals for the Fourth Circuit · 1922
- J. I. Case Threshing Machine Co. v. GonderSupreme Court of Kansas · 1926