Philadelphia Whiting Co. v. Detroit White Lead Works
Michigan Supreme Court
Error to the Superior Court of Detroit. (Ohipman, J.) Assumpsit. Plaintiff brings error. Where purchase is of a defined and well known article, the vendor performs his part of the contract by sending that article; and it is the vendee’s concern whether it answers the purpose for which he wanted to use it or not: Ollivant v. Bayley 5 Q. J3. 28S ; Chanter v. Hopkins 4 M. & W. 399, 406 ; Wright v. Hart IS Wend. 449; and where the vendor is only a dealer, and not a manufacturer,…
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Error to the Superior Court of Detroit. (Ohipman, J.) Assumpsit. Plaintiff brings error. Where purchase is of a defined and well known article, the vendor performs his part of the contract by sending that article; and it is the vendee’s concern whether it answers the purpose for which he wanted to use it or not: Ollivant v. Bayley 5 Q. J3. 28S ; Chanter v. Hopkins 4 M. & W. 399, 406 ; Wright v. Hart IS Wend. 449; and where the vendor is only a dealer, and not a manufacturer, he could not be held liable if the goods did not answer the purpose, even if he had knowledge of the specific purpose…
1Opinion of the CourtSherwood, J.
The plaintiff is located in Philadelphia. Its business, among other things, is the sale of commercial whiting. It is not a manufacturer. The defendant is a cprporation in Detroit. Its business is the manufacture of white lead, zinc, putty and similar articles. This action was brought by plaintiff to recover for three hundred barrels of commercial whiting sold to defendant. The contract for the same is in writing, and contained in several letters passed between the parties, in pursuance of which the goods were shipped to defendant on the 31st of August, and 4th and 14th of September, 1882; the…
2Cited by9 opinions
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- Taylor v. P. B. Yates Machine Co.Supreme Court of Alabama · 1922
- J. L. Owens Co. v. O'KeeffeSupreme Court of Minnesota · 1918
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