Nashua Iron & Steel Co. v. Brush
Court of Appeals for the First Circuit
In Error to the Circuit Court of the United States for the District of New Hampshire.
1Opinion of the Court
PUTNAM, Circuit Judge.
The defendant below agreed with the plaintiff below to manufacture and deliver a forged-iron beam strap of the best hammered scrap iron, of the dimensions particularly described, to be used for a beam engine. The contract was executory, and the case, therefore, has no relation to the doctrine of caveat emptor. So far as the words “the best hammered scrap iron” are concerned, the precise meaning of which we have no occasion to define, the contract was express to use that quality; and any failure so to do, whether relating to patent or latent matters, would constitute a…
2Cases cited11 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Watson v. SutherlandSupreme Court of the United States · 1867
- Baltimore & Potomac Railroad v. MacKeySupreme Court of the United States · 1895
- Stillwell & Bierce Manufacturing Co. v. PhelpsSupreme Court of the United States · 1889
- Vance v. W. A. Vandercook Co.Supreme Court of the United States · 1898
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3Cited by12 opinions
- Kansas City Bolt & Nut Co. v. RoddCourt of Appeals for the Sixth Circuit · 1915
- Chicago, R. I. & P. Ry. Co. v. BarrettCourt of Appeals for the Sixth Circuit · 1911
- Keating v. Pacific Steam Whaling Co.Washington Supreme Court · 1899
- B. F. Sturtevant Co. v. Champion Fibre Co.Court of Appeals for the Sixth Circuit · 1916
- Bird & Son, Inc. v. Guarantee Const. Co.Court of Appeals for the First Circuit · 1924
7 more not listed; retrieve them via the Exa API.