Mechanical Boiler Cleaner Co. v. Kellner

The opinion of the court was delivered by

Depue, J.

This action was brought to recover the price of two mechanical boiler-cleaning appliances — $150 each. At the Circuit a verdict was rendered for the plaintiff for the price, on which a rule to show cause was granted. On the hearing of the rule the court directed a re-argument on two *546questions: First, whether the transaction was a contract of sale within the statute of frauds, and second, whether there had been any acceptance of the appliances by the defendants in compliance with the statute.

These appliances are a patented article manufactured…