Fisher Hydraulic Stone & Machinery Co. v. Warner
U.S. Circuit Court for the District of Northern New York
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:
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2Cases cited7 opinions
- Todd v. . GambleNew York Court of Appeals · 1896
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
- Hayden v. . DemetsNew York Court of Appeals · 1873
- Allen v. JarvisSupreme Court of Connecticut · 1849
- Tufts v. BennettMassachusetts Supreme Judicial Court · 1895
2 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Fisher Hydraulic Stone & Machinery Co. v. WarnerCourt of Appeals for the Second Circuit · 1916