Berlin Machine Works v. Midland Coal & Lumber Co.
Montana Supreme Court
Appeal from. District Court, Custer County; Sydney Sanner, Judge. Action by the Berlin Machine Works against the Midland Coal and Lumber Company. From a judgment on a directed verdict for plaintiff, and from an order denying a new trial, defendant appeals. submitted a brief; argued the cause orally.
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Appeal from. District Court, Custer County; Sydney Sanner, Judge. Action by the Berlin Machine Works against the Midland Coal and Lumber Company. From a judgment on a directed verdict for plaintiff, and from an order denying a new trial, defendant appeals. submitted a brief; argued the cause orally. “Where the character of the goods purchased is such that their quality cannot be determined by looking at and examining them, but by actual use only, the purchaser will be entitled to a reasonable time in which to test the goods and ascertain whether they are the kind ordered; and until this…
1Opinion of the CourtJustice Smith
On September 27, 1907, the defendant at Plains, Montana, ordered of the plaintiff, at Beloit, Wisconsin, in writing, one No. 108 open side molder with directions to ship “in good order f. o. b. Beloit, Wisconsin, at once,” at an agreed price of $900, payable within sixty days after date of shipment. The order also contained this stipulation: “In ease of rejection of the property or failure to pay as stated herein, consignee shall at once return and deliver the property in good order to consignor, f. o. b. Beloit, Wis.” The machine was not shipped until October 28, 1907, and was not received…
2Cases cited2 opinions
- Haynes v. Plano Manufacturing Co.Court of Appeals of Texas · 1904
- King v. TowsleySupreme Court of Iowa · 1884
3Cited by4 opinions
- Best Manufacturing Co. v. HuttonMontana Supreme Court · 1914
- Rickards v. Aultman & Taylor Machinery Co.Montana Supreme Court · 1922
- St. Paul Machinery Mfg. Co. v. BruceMontana Supreme Court · 1918
- Jones v. ArmstrongMontana Supreme Court · 1915