Stillwell, Bierce & Smith Vaile Co. v. Biloxi Canning Co.
Mississippi Supreme Court
From the circuit court of Harrison county. Hon. Thaddeus A. Wood, Judge. The Stillwell Bierce & Smith Vaile Company, the appellant, was the plaintiff in the court below; the Biloxi Canning Company, appellee, was defendant there. The suit was for the recovery of the purchase money of an ice manufacturing plant, and the nature of the controversies is apparent from the opinion of the court.
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From the circuit court of Harrison county. Hon. Thaddeus A. Wood, Judge. The Stillwell Bierce & Smith Vaile Company, the appellant, was the plaintiff in the court below; the Biloxi Canning Company, appellee, was defendant there. The suit was for the recovery of the purchase money of an ice manufacturing plant, and the nature of the controversies is apparent from the opinion of the court. There was no provision in the contract that the acceptance of the machinery should be in satisfaction of the seller’s warranties. Appellee had either a right to return the machine as soon as he found that it…
1Opinion of the CourtTerral, J.
The appellee bought of appellant a Victor ice and refrigerating machine and machinery for the price of $5,000, one-fourth the price to be paid on the shipment of the machine and machinery and the remainder at future periods. A default occurred in the payment of the credit part of the purchase money, and this suit followed. The appellant, upon the sale of the machine and machinery, guaranteed that the ice machine would cool four storage rooms of named dimensions to a specified temperature and produce three tons of ice each day of twenty-four hours of continuous operation, or would cool two…
2Cases cited1 opinion
- Studer v. . BleisteinNew York Court of Appeals · 1889
3Cited by14 opinions
- Koehring Co. v. Hyde Construction Co.Mississippi Supreme Court · 1965
- Butler Manufacturing Co. v. Elliott & CoxSupreme Court of Iowa · 1930
- Sanderson v. Trump Manufacturing Co.Indiana Supreme Court · 1913
- Missouri Bag Co. v. Chemical Delinting Co.Mississippi Supreme Court · 1952
- Bilby v. Thomas Gin-Compress Co.Supreme Court of Oklahoma · 1912
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