Patterson v. Brace
Supreme Court of Pennsylvania
Appeal, No. 54, Oct. T., 1900, by defendants, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1897, No. 815, on verdict for plaintiff in case of William F. Patterson y. C. H. Brace and N. C. Brace, trading as Brace Brothers. Assumpsit to recover the price of boilers.
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Appeal, No. 54, Oct. T., 1900, by defendants, from judgment of C. P. No. 1, Allegheny Co., Sept. T., 1897, No. 815, on verdict for plaintiff in case of William F. Patterson y. C. H. Brace and N. C. Brace, trading as Brace Brothers. Assumpsit to recover the price of boilers. Before Stowe, P. J. At tbe trial it appeared that the plaintiff contracted, to furnish and erect for defendants two 125 horse power boilers according to certain specifications, among which was the following : “ There shall be two Horizontal Tubular Boilers of 125 horse power each, the shells to consist of four plates, one…
1Opinion of the Court
Opinion by
Mb. Justice Potteb,
The plaintiff is an engineer and contractor for the erection of steam plants, and as such, contracted to furnish and erect for the defendants “ two horizontal tubular boilers of 125 horse power each, the shells to consist of four plates, one on the bottom from head to head, and extending up above the fire line and three plates on top.”
The boilers were manuf ¡ctured and delivered to the boiler house of the defendants, and the plaintiff was proceeding to erect them in place, when he was stopped by the defendants, upon the ground that the specifications had not been…
2Cited by1 opinion
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