Champion Ice Manufacturing & Cold Storage Co. v. Pennsylvania Iron Works Co.
Ohio Supreme Court
Error to the Circuit Court of Hamilton County. In t'hc court of common pleas the iron works company sued the ice manufacturing company for $498, the agreed ¡Drice of a wrought iron shaft for an ice machine, with interest thereon.
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Error to the Circuit Court of Hamilton County. In t'hc court of common pleas the iron works company sued the ice manufacturing company for $498, the agreed ¡Drice of a wrought iron shaft for an ice machine, with interest thereon. The ice company answered substantially admitting the purchase of the shaft at the price alleged in the petition; but by way of cross-pet'ition alleged that the shaft was a necessary part of an ice machine, which was part of a large system of machinery employed by it in the manufacture of ice; that it could not be operated without the shaft which was to be supplied by…
1Opinion of the Court
The request of the ice company for a proposition for furnishing the. shaft gaye prominence to its desire for a definite understand*319ing as to tbe time when it could be furnished. The iron company’s proposition to furnish it in three weeks, when accepted,had the force of a stipulation; and no reason appears why there should not be a recovery for its breach. The reasons for the delay which were given upon the trial might well serve to relieve the iron company from culpability, but not from the obligation of its unconditional undertaking to furnish the shaft' at the time specified.
Nor -does it…
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- Stephan's MacHine & Tool, Inc. v. D & H MacHinery Consultants, Inc.Ohio Court of Appeals · 1979
- Swisher v. KimbroughOhio Court of Appeals · 1927
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