Davis Calyx Drill Co. v. Mallory
Court of Appeals for the Eighth Circuit
In Error to the Circuit Court of the United States for the Southern District of Iowa. On June 25, 1902, the Davis Calyx Drill Company, a corporation, made a written contract with S. H. Mallory to furnish him free on board the cars at Tarrytown, in the state of New York, one class F3 drill, which is described in its catalogue, and certain specific machinery, tools, and articles, for which Mallory promised to pay $2,459. Mallory has since died, and the defendants are the…
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In Error to the Circuit Court of the United States for the Southern District of Iowa. On June 25, 1902, the Davis Calyx Drill Company, a corporation, made a written contract with S. H. Mallory to furnish him free on board the cars at Tarrytown, in the state of New York, one class F3 drill, which is described in its catalogue, and certain specific machinery, tools, and articles, for which Mallory promised to pay $2,459. Mallory has since died, and the defendants are the executrices of his will. The Calyx Company made and delivered the drill, the machinery, and the articles according to the…
1Opinion of the CourtSanborn, Circuit Judge
An implied warranty that an article will be fit for a particular .purpose may be inferred from a contract to make or supply it to accomplish that purpose, because the accomplishment of the purpose is the essence of •' the undertaking. But no such warranty arises but of a contract to make or supply a specific, described, or definite article, although the *manufacturer or dealer knows that the vendee buys it to‘ accomplish a specific purpose, because the essence of this contract is the furnishing of the specific article, and not the .accomplishment of the purpose. In other words, a warranty…
2Cases cited28 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
- McKinley v. WilliamsCourt of Appeals for the Eighth Circuit · 1896
- Wilson v. New United States Cattle-Ranch Co.Court of Appeals for the Eighth Circuit · 1896
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3Cited by41 opinions
- Mustang Fuel Corporation, a Corporation v. Youngstown Sheet and Tube Company, an Ohio CorporationCourt of Appeals for the Tenth Circuit · 1975
- Remsberg v. Hackney Manufacturing Co.California Supreme Court · 1917
- Connecticut Fire Ins. v. BuchananCourt of Appeals for the Eighth Circuit · 1905
- Scott v. Vulcan Iron Works Co.Supreme Court of Oklahoma · 1911
- Ehrsam v. BrownSupreme Court of Kansas · 1907
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