Phœnix Sprinkler & Heating Co. v. Owen-Ames-Kimball Co.
Michigan Supreme Court
Error to superior court of Grand Rapids; Dunham (Major L.), J. Assumpsit by the Phoenix Sprinkler & Heating Company against the Owen-Ames-Kimball Company for goods sold and delivered. Judgment for plaintiff. Defendant brings error.
1Opinion of the CourtWiest, J.
Suit in assumpsit by plaintiff to recover' a balance due for furnishing and installing heating-boilers for defendant. Defendant pleaded the general issue, gave notice of an express contract and warranty of the capacity of the boilers and of the breach thereof, and also breach of an implied warranty, and notice of recoupment. The case was tried by the court and findings of fact and conclusions of law filed, amended findings and conclusions requested and refused, and exceptions duly entered, and judgment rendered for plaintiff, and the case is brought here by writ of error.
The errors relied on…
2Cases cited2 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- McCray Refrigerator & Cold Storage Co. v. Woods & ZentMichigan Supreme Court · 1894
3Cited by2 opinions
- Amos v. Walter N. Kelley Co.Michigan Supreme Court · 1927
- Patterson Foundry & MacHine Co. v. Detroit Stove WorksMichigan Supreme Court · 1925