Maxwell Ice Co. v. Brackett, Shaw & Lunt Co.

The plaintiff was engaged in sawing oak and pine timber at Amoskeag with a portable sawmill propelled by a 35 horse-power (so-called) electric motor. He was under contract to saw pine timber upon a lot at Goffstown where electric power was not available. He therefore entered into negotiations with the defendant for the purchase of a kerosene engine to supply power in the place of his electric motor. The evidence tended to prove that he explained to the defendant’s agent “thoroughly” and “fully” the uses for which he wanted the engine; that he stated to the agent that he thought he ought to…