Carroll-Porter Boiler & Tank Co. v. Columbus Mach. Co.
Court of Appeals for the Third Circuit
In Error to the Circuit Court of the United States for the Western .District of Pennsylvania. At Law. Suit by the Columbus Machine Company against the Carroll-Porter Boiler & Tank Company for the purchase price of a machine. Defendant claimed, by way of set-off, damages for breach of warranty. There was judgment on a verdict for plaintiff. Defendant brings error.
1Opinion of the Court
DALLAS, Circuit Judge.
The defendants sold to the plaintiffs a machine for rolling and bending sheets of iron. The letter which embodied the contract of sale contained this language:
“This machine will have a capacity of handing a sheet 5-10 inches thick, and full width, to a sheet 1% inches thick and 6' wide. Will roll to a dia. of 24 feet on light stock. The machine is guarantied first-class, as is also materials and workmanship.”
The machine was delivered, and this action was brought for recovery of the contract price. The case turned upon the defense that the machine was not of the warranted…
2Cases cited6 opinions
- United States v. BehanSupreme Court of the United States · 1884
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Philadelphia, Wilmington & Baltimore Railroad v. HowardSupreme Court of the United States · 1852
- White v. . MillerNew York Court of Appeals · 1877
- Hinckley v. Pittsburgh Bessemer Steel Co.Supreme Court of the United States · 1887
1 more not listed; retrieve them via the Exa API.
3Cited by9 opinions
- Chain Belt Co. v. United StatesUnited States Court of Claims · 1953
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- Flug v. Craft Manufacturing Co.Appellate Court of Illinois · 1954
- Polar Steamship Corp. v. Inland Overseas Steamship Corp.Court of Appeals for the Fourth Circuit · 1943
- Hattiesburg Lumber Co. v. HerrickCourt of Appeals for the Fifth Circuit · 1914
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