Grand Avenue Hotel Co. v. Wharton
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Western District of Missouri. The plaintiff in error, a Missouri corporation, owning and conducting the Midland Hotel at Kansas City, Mo., on August 26, 1891, entered into a written contract with the defendants in error, a Pennsylvania partnership, using the firm name and style of Harrison Safety Boiler Works, whereby tbe defendants in error agreed to furnish and deliver to plaintiff in error, upon the cars at…
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In Error to the Circuit Court of the United States for the Western District of Missouri. The plaintiff in error, a Missouri corporation, owning and conducting the Midland Hotel at Kansas City, Mo., on August 26, 1891, entered into a written contract with the defendants in error, a Pennsylvania partnership, using the firm name and style of Harrison Safety Boiler Works, whereby tbe defendants in error agreed to furnish and deliver to plaintiff in error, upon the cars at Philadelphia, in the state of Pennsylvania, two Harrison safety boilers of 150 horse power each, and the services of an…
1Opinion of the Court
LOCHREN District Judge,
after stating the case as above, delivered the opinion of the court.
1. Where a manufacturer contracts to supply an article which he manufactures to be applied to a particular use of which he is advised, so that the buyer necessarily trusts to the judgment and skill of the manufacturer, there is an implied warranty that tile article shall be reasonably fit for the use to which it is to be applied. Bridge Co. v. Hamilton, 110 U. S. 108, 3 Sup. Ct. 537; Leopold v. Van Kirk, 27 Wis. 152; Jones v. Just, L. R. 3 Q. B. 197; Brown v. Edgington, 2 Man. & G. 279; Lime Co. v. Fay…
2Cases cited6 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
- Cosgrove v. BennettSupreme Court of Minnesota · 1884
- Milwaukee Boiler Co. v. DuncanWisconsin Supreme Court · 1894
- Leopold v. Van KirkWisconsin Supreme Court · 1870
1 more not listed; retrieve them via the Exa API.
3Cited by14 opinions
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Union Selling Co. v. JonesCourt of Appeals for the Eighth Circuit · 1904
- McMaster v. New York Life Ins.Court of Appeals for the Eighth Circuit · 1899
- Ehrsam v. BrownSupreme Court of Kansas · 1907
- Schaffner v. National Supply Co.West Virginia Supreme Court · 1917
9 more not listed; retrieve them via the Exa API.