Williams Manufacturing Co. v. Standard Brass Co.
Massachusetts Supreme Judicial Court
Contract, for the construction of an equipment for melting brass for the defendant. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions in substance as follows. The contract provided that the plaintiff should furnish to the defendant an apparatus for melting, brass, erecting the same in the defendant’s foundry in Cambridgeport, and use crude oil as fuel, after being treated by the Strait process.
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Contract, for the construction of an equipment for melting brass for the defendant. Trial in the Superior Court, before Sherman, J., who allowed a bill of exceptions in substance as follows. The contract provided that the plaintiff should furnish to the defendant an apparatus for melting, brass, erecting the same in the defendant’s foundry in Cambridgeport, and use crude oil as fuel, after being treated by the Strait process. The plaintiff was to furnish one generator equipped with duplicate pumps, gouges, etc.; one six horse-power boiler and base complete, fitted with injector, steam gouges,…
1Opinion of the CourtHolmes, J.
This is an action upon a contract under which the plaintiff constructed an equipment for melting brass for the defendant. The contract was in writing. By one clause of it the plaintiff agreed “ to place the above named outfit in operation for sixty days’ trial for the approval of the second party, and if the results obtained after the trial are in accordance with the specifications above and satisfactory to the second party, the second party further agrees to pay for the above named *360equipment the sum of $550.” Upon the findings of the jury, it must be taken that the work was done in…
2Cases cited1 opinion
- Hawkins v. GrahamMassachusetts Supreme Judicial Court · 1889
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- Weinstein v. MillerMassachusetts Supreme Judicial Court · 1924
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