Legal Opinion

Fisher Hydraulic Stone & Machinery Co. v. Warner

U.S. Circuit Court for the District of Northern New York

Decided June 22, 1911PublishedCited by 1 opinion

At Raw. Action by the Fisher Hydraulic Stone & Machinery Company against Henry P. Warner on written contract to recover damages for breach of a contract to purchase certain concrete machinery and fittings at the price of $5,630, less $500, paid on the execution of the contract.

1Opinion of the Court

RAY, District Judge.

On the 16th day of March, 1908, the plaintiff, as party of the first part, a corporation organized and doing business under the laws of the state of Maryland, by W. H. Fisher, its president, entered into a written contract with the defendant, Henry P. Warner, party of the second part, of Syracuse. N. Y., whereby it was agreed as follows:

The plaintiff agreed:(1) To sell to the defendant the concrete machinery and fittings described in Schedule A annexed to such contract for the sum of $5,630; same “to be sold f. o. b. cars Mt. Gilead, Ohio.” Later we find this language:

‘•Sai…

2Cases cited7 opinions

  1. Todd v. . GambleNew York Court of Appeals · 1896
  2. Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
  3. Hayden v. . DemetsNew York Court of Appeals · 1873
  4. Allen v. JarvisSupreme Court of Connecticut · 1849
  5. Tufts v. BennettMassachusetts Supreme Judicial Court · 1895

2 more not listed; retrieve them via the Exa API.

3Cited by1 opinion

  1. Fisher Hydraulic Stone & Machinery Co. v. WarnerCourt of Appeals for the Second Circuit · 1916

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