United States Heater Co. v. Jenss
Wisconsin Supreme Court
Appeal from a judgment of the circuit court for Langlade county: John Goodland, Circuit Judge. Action to recover on a guaranty. Plaintiff sold a heating plant to Ed.
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Appeal from a judgment of the circuit court for Langlade county: John Goodland, Circuit Judge. Action to recover on a guaranty. Plaintiff sold a heating plant to Ed. LaLonde & Son, to be placed in a building belonging to the defendant, who in writing guaranteed payment therefor to the extent of $475, in this form: “United States Heater Company, Chicago, Ill.: “I hereby guaranty to you payment for the No. 626 Capital steam boiler, also radiators and other heating supplies to be placed in my building at Antigo, Wis., by Ed. LaLonde & Son, of Antigo, Wis., and in accepting this security it is…
1Opinion of the CourtMarshall, J.
The case turns, first, on the meaning of the term “rated capacity” as used in the guaranty; second, on whether there was a breach of the agreement as to the “rated capacity” guaranteed.
The learned circuit court, it seems, decided rightly in holding that the term mentioned had no reference whatever to the subject matter of the defense, viz., the efficiency of the boiler, when set up with proper connections, to satisfactorily warm appellant’s house. The evidence shows quite conclusively, as the words in themselves pretty clearly indicate, that such term refers merely to the theoretical capacity…
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