Vulcan Iron Works Co. v. Roquemore
Court of Appeals for the Fifth Circuit
In Error to the Circuit Court of the United States for the Middle District of Alabama. Action by John D. Roquemore against the Vulcan Iron Works Company. Judgment for plaintiff, and defendant brings .error. This is an action for damages for the breach of a contract of sale.
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In Error to the Circuit Court of the United States for the Middle District of Alabama. Action by John D. Roquemore against the Vulcan Iron Works Company. Judgment for plaintiff, and defendant brings .error. This is an action for damages for the breach of a contract of sale. It was brought by the defendant in error (the plaintiff below) against the plaintiff in error (the defendant below) in the city court of Montgomery, and was duly removed on the ground of diverse citizenship to the Circuit Court. On January 13, 1905, the Vulcan Iron Works Company, an Ohio corporation, sold to John D.…
1Opinion of the CourtShelby, Circuit Judge
(after stating the facts as above). The contract of sale contains an important provision for the benefit of the seller which limits the right of the buyer to reject the second shovel because it does not conform to the contract:
“If during said trial test, any part of said Utile Giant Special Steam Shovel shall prove defective, or any change necessary to be made, we are to have a reasonable time to replace such parts or to make such changes as we find necessary.”
This sentence secures to the seller the right not only to repair or to remove defects, but to “make any change necessary to be made”…
2Cases cited11 opinions
- Richardson v. HardwickSupreme Court of the United States · 1882
- Hubbard v. MarshallWisconsin Supreme Court · 1880
- Grand Tower Co. v. PhillipsSupreme Court of the United States · 1874
- Marsh v. McPhersonSupreme Court of the United States · 1882
- Baum v. LynnMississippi Supreme Court · 1895
6 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- Champion Spark Plug Co. v. Automobile Sundries Co.Court of Appeals for the Second Circuit · 1921
- Marks v. Twohy Bros.Oregon Supreme Court · 1921
- B. F. Sturtevant Co. v. Champion Fibre Co.Court of Appeals for the Sixth Circuit · 1916
- Gaunt v. Ralston Purina Co.Court of Appeals for the Eighth Circuit · 1912
- Benj. Harris & Co. v. Western Smelting & Refining Co.Illinois Supreme Court · 1942
3 more not listed; retrieve them via the Exa API.