Vapor Vacuum Heating Co. v. Kaltenbach & Stephens, Inc.
Supreme Court of New Jersey
On appeal from the Supreme Court. The plaintiff agreed in writing with the defendant to install in connection with their boilers an oil seal combustion control apparatus. Fifty per cent, of the price was parable after the completion and successful operation of the apparatus and the balance within sixty days thereafter. They guaranteed that the apparatus would effect a saving of not less than seven per cent, in cost of fuel.
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On appeal from the Supreme Court. The plaintiff agreed in writing with the defendant to install in connection with their boilers an oil seal combustion control apparatus. Fifty per cent, of the price was parable after the completion and successful operation of the apparatus and the balance within sixty days thereafter. They guaranteed that the apparatus would effect a saving of not less than seven per cent, in cost of fuel. The contract provided that as cheap a grade of fuel would be used as could be burned to advantage; that changes that might take place in the market price of coal would be…
1Opinion of the Court
The opinion of the court was delivered by
Swayze, J.
The charge of the learned trial judge permitted the jury to find a verdict for the plaintiff (1) if the apparatus was completely installed and the conditions, precedent fulfilled, and (2) if the apparatus was accepted by the defendant. In the first case the plaintiff was unquestionably entitled to recover the contract price. In the second case the question would remain whether the plaintiff was entitled to recover the full amount of the contract price. In neither case could the defendant claim, as it does, a total absence of liability on the…
2Cited by5 opinions
- Chancellor, Inc. v. Hamilton Appliance Co.New Jersey Superior Court Appellate Division · 1980
- Williamsburgh Stopper Co. v. BickartSupreme Court of Connecticut · 1926
- Fablok Mills, Inc. v. COCKER MACHINE & FOUNDRYNew Jersey Superior Court Appellate Division · 1972
- Hartman v. Smyth Sales, Inc.Supreme Court of New Jersey · 1939
- Pullen v. JohnsonSouth Dakota Supreme Court · 1940