Berman v. Henry N. Clark Co.
Massachusetts Supreme Judicial Court
Contract for a breach of a contract of warranty in writing which is quoted in the first paragraph of the opinion. Writ in the Municipal Cpurt of the City of Boston dated January 7, 1905. The answer contained a general denial, and also set up as a bar the judgment which is described in the opinion.
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Contract for a breach of a contract of warranty in writing which is quoted in the first paragraph of the opinion. Writ in the Municipal Cpurt of the City of Boston dated January 7, 1905. The answer contained a general denial, and also set up as a bar the judgment which is described in the opinion. On appeal to the Superior Court the case was tried before Crosby, J., who ordered a verdict for the defendant, and at the request of the plaintiff reported the case for determination by this court. If the direction was wrong as a matter of law, the verdict was to be set aside and such disposition…
1Opinion of the CourtKnowlton, C. J.
The defendant made a contract in writing to furnish and put in place specific apparatus for heating three houses belonging to the plaintiff. The contract contained a guaranty as follows: “We guarantee this apparatus to be complete in every way and when finished to be capable of warming all rooms in which radiators are placed to 70° in zero weather. We guarantee this apparatus against all imperfections in mate*249rial and workmanship for one year.” This action is brought to recover upon this guaranty.
An earlier action was brought by the defendant company against the plaintiff, to recover the price…
2Cases cited4 opinions
- Watts v. WattsMassachusetts Supreme Judicial Court · 1894
- Gilmore v. WilliamsMassachusetts Supreme Judicial Court · 1894
- Bradley v. BradleyMassachusetts Supreme Judicial Court · 1893
- Morse v. ElmsMassachusetts Supreme Judicial Court · 1881
3Cited by2 opinions
- Edwards v. Columbia Amusement Co.Massachusetts Supreme Judicial Court · 1913
- Vorenberg v. William Filene's Sons Co.Massachusetts Supreme Judicial Court · 1919