Kansas City Bolt & Nut Co. v. Rodd
Court of Appeals for the Sixth Circuit
In Error to the District Court of the United States for the Northern District of Ohio; William E. Day, Judge. Action by the Kansas City Bolt & Nut Company against Robert J. Rodd. Judgment for defendant, and plaintiff brings error. In the deposition of the witness Stoddard, he testified that they had trouble with the machines. Such testimony was followed by a question as to why he continued the effort to make the machines tap nuts, to which an objection was sustained.
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In Error to the District Court of the United States for the Northern District of Ohio; William E. Day, Judge. Action by the Kansas City Bolt & Nut Company against Robert J. Rodd. Judgment for defendant, and plaintiff brings error. In the deposition of the witness Stoddard, he testified that they had trouble with the machines. Such testimony was followed by a question as to why he continued the effort to make the machines tap nuts, to which an objection was sustained. The answer in the deposition was that Rodd held out encouragement that continued effort would meet with success. The witness…
1Opinion of the Court
KNAPPEN, Circuit Judge.
Plaintiff in error, a manufacturer of bolts and nuts, ordered from defendant in error eight automatic nut-tapping machines of defendant’s manufacture. The machines were all received, and six were paid for. Plaintiff in error brought this suit for damages for breach of alleged warranty that the machines would do good work and were fit for the purpose for which plaintiff bought them and for which defendant sold them. Defendant denied liability, *752and set up a' counterclaim for the purchase price of the two machines unpaid for. On a trial by jury the issues were found in…
2Cases cited5 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- Dushane v. BenedictSupreme Court of the United States · 1887
- Pullman's Palace Car Co. v. Metropolitan Street Railway Co.Supreme Court of the United States · 1895
- Nashua Iron & Steel Co. v. BrushCourt of Appeals for the First Circuit · 1898
3Cited by21 opinions
- Smith, Et Vir v. Burdine's, Inc.Supreme Court of Florida · 1940
- Flaccomio v. EysinkCourt of Appeals of Maryland · 1916
- Marmet Coal Co. v. People's Coal Co.Court of Appeals for the Sixth Circuit · 1915
- Minneapolis Steel & MacHinery Co. v. Casey Land AgencyNorth Dakota Supreme Court · 1924
- Schaffner v. National Supply Co.West Virginia Supreme Court · 1917
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