Arkwright Mills v. Aultman & Taylor Machinery Co.

BROWN, District Judge.

This writ of error is for review Of the ruling of. the Circuit Court that the plaintiff was not entitled to go to the jury on the first, second, and third counts of the plaintiff’s declaration, and for review of certain rulings on questions of evidence.

The contract made May 19, 1897, concerning the sale of boilers, contained the following warranty:

“We furthermore guaranty that these boilers will show an evaporation of 10% lbs. of water from and at 212° per lb. of dry Pocahontas coal, 1 inch draft, Prof. George H. Barrus to make the test.”

The burden was upon the Arkwright…