Westinghouse Electric & Mfg. Co. v. Glencoe Cotton Mills
Supreme Court of South Carolina
Before Prince, J., Columbia, March, 1914. Action by the Westinghouse Electric & Manufacturing Company against the Glencoe Cotton Mills.
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Before Prince, J., Columbia, March, 1914. Action by the Westinghouse Electric & Manufacturing Company against the Glencoe Cotton Mills. Judgment for defendant, and plaintiff appeals. submit: It was error to admit testimony concerning alleged defects which developed in the motors after the expiration of thirty days after the starting thereof: 77 S. C. 467, 471; 100 S. C. 135; 71 S. C. 506; 5 S. C. 358; 227 U. S. 657; 54 Ark. 221; 11 L. R. A. 102; 58 S. E. 826; 66 S. E. 146. It was error for the trial Judge to charge that the thirty days provision of the contract only referred to patent…
1Opinion of the Court
The opinion of the Court was delivered by
Mr. Justice Hydrick.
This is an action on contract to recover $1,865.14, with interest, the balance of the purchase price of six electric motors sold for use in defendant’s cotton mill. The contract of sale contained the following warranty:
“The company guarantees that the apparatus herein specified will generate or utilize electrical energy to their rated capacities without undue-heating and will do their work in a successful manner, provided they are kept in proper condition and operated under normal conditions, and the purchaser supplies competent…
2Cases cited2 opinions
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