Legal Opinion

Burntisland Shipbuilding Co. v. Barde Steel Products Corp.

District Court, D. Delaware

Decided February 15, 1922No. 5PublishedCited by 9 opinions

At Law. Action by the Burntisland Shipbuilding Company, Limited, for the use of Raeburn & Yerel, Limited, hgainst the Barde Steel Products Corporation. On demurrer to second count of declaration.

1Opinion of the Court

MORRIS, District Judge.

To the second count of a declaration filed in an action at law brought by Burntisland Shipbuilding Company, Limited, for the use of Raeburn & Verel, Limited, against Barde Steel Products Corporation, the defendant has demurred. In this count a contract between the parties, made in the state of New York, is set out in hsec verba, pertinent portions of which are as follows:

“The quantity, quality, and description of steel is not warranted or guaranteed, and it is understood that the .same constitutes a part of the steel sold to us by the United States Shipping Board…

2Cases cited3 opinions

  1. Hanley v. DonoghueSupreme Court of the United States · 1885
  2. Fourth Nat. Bank of NY v. FrancklynSupreme Court of the United States · 1887
  3. O'Dell v. Southern Ry. Co.District Court, W.D. South Carolina · 1917

3Cited by9 opinions

  1. Whitaker v. Cannon Mills Co.Supreme Court of Connecticut · 1945
  2. American Elastics, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1951
  3. Alaska Pacific Salmon Co. v. Reynolds Metals Co.Court of Appeals for the Second Circuit · 1947
  4. Rockwood & Co. v. Parrott & Co.Oregon Supreme Court · 1933
  5. Sharples Separator Co. v. Domestic Electric Refrigerator Corp.Court of Appeals for the Third Circuit · 1932

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