Milwaukee Boiler Co. v. Duncan
Wisconsin Supreme Court
APPEAL from the Circuit Court for Brown County. The plaintiff, a manufacturer of steam boilers in Milwaukee, brought an action against the defendant, engaged in the foundry and-machine business at Ft.
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APPEAL from the Circuit Court for Brown County. The plaintiff, a manufacturer of steam boilers in Milwaukee, brought an action against the defendant, engaged in the foundry and-machine business at Ft. Howard, and the owner of one or more steam barges on the lakes, to recover $1,100 and interest for the last instalment of $6,500, the price of a marine boiler built and delivered by the plaintiff for the defendant under an express contract, to wit: “ John Duncan, Esq., Fort Howard, Wis.— Dear Sie: Inclosed please find duplicate contracts for marine boiler, which we hope will be satisfactory. If…
1Opinion of the CourtPinney, J.
1. The clause in the contract, “ to be allowed 130 pounds of steam working pressure by United States inspectors,” was not an assurance that the boiler contracted for would produce and maintain a working pressure to that amount. It has no reference to the capacity of the boiler, and plainly refers to the government inspection of boilers under sec. 4418, R. S. of U. S., and that it would be such a boiler that they would permit a working pressure of 130 pounds, and set the safety valve accordingly. There was no express- warranty therefor beyond the guaranty that the boiler should be a…
2Cases cited6 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- De Witt v. BerrySupreme Court of the United States · 1890
- Poposkey v. MunkwitzWisconsin Supreme Court · 1887
- Goulds v. BrophySupreme Court of Minnesota · 1889
- Merriam v. FieldWisconsin Supreme Court · 1869
1 more not listed; retrieve them via the Exa API.
3Cited by18 opinions
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Hurxthal v. Boom Co.West Virginia Supreme Court · 1903
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- Ehrsam v. BrownSupreme Court of Kansas · 1907
13 more not listed; retrieve them via the Exa API.