Meyer, Wilson & Co. v. Everett Pulp & Paper Co.
U.S. Circuit Court for the District of Western Washington
At Law. Action by Meyer, Wilson & Co. against the Everett Pulp & Paper Company to recover the price of certain china clay delivered pursuant to an executory contract of sale by sample. Finding's for defendant for breach of an implied warranty of quality.
1Opinion of the Court
HANFORD, District Judge.
This is an action at law, tried by the court; a jury trial having been waived. The action is to collect the price of 400 tons of china clay sold and delivered by the plaintiffs to the defendant. The contract for the sale of the clay was made by correspondence between the parties, and, as construed by the court, it is a contract for a sale by sample, and there is an implied warranty of quality corresponding to the sample referred to in the correspondence. 15 Am. & Eng. Enc. of Law (2d Ed.) pp. 1225, 1226. The clay was bought in England, and transported by ship to…
2Cases cited3 opinions
- Saunders v. ShortCourt of Appeals for the Ninth Circuit · 1898
- Andrews v. SchreiberU.S. Circuit Court for the District of Western Missouri · 1899
- Florence Oil & Refining Co. v. FarrarCourt of Appeals for the Eighth Circuit · 1901