Emery Thompson MacHine & Supply Co. v. Graves
Supreme Court of Connecticut
Action to recover the price of two ice-cream machines alleged to have been sold and delivered to the defendant, brought to and tried by the Court of Common Pleas in Fairfield County, Wilder, Acting-Judge; facts found and judgment rendered for the plaintiff for $759, and appeal by the defendant.
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Action to recover the price of two ice-cream machines alleged to have been sold and delivered to the defendant, brought to and tried by the Court of Common Pleas in Fairfield County, Wilder, Acting-Judge; facts found and judgment rendered for the plaintiff for $759, and appeal by the defendant. The plaintiff, a manufacturer of ice-cream machinery, delivered to the defendant certain apparatus described as follows in the written contract: “Two 1914 type brine ice cream machines with ice and salt brine tank complete, delivered F. O. B. New York, including No. l}/2 centrifugal pump and…
1Opinion of the CourtBeach, J.
The principal question is whether the continued use of a part of the machinery for about nine months amounts to a waiver of the right to reject the whole of it as unsatisfactory.
The contract is on its face entire, and the parties have so treated it in their correspondence and on their briefs. It follows that the defendant had the right to reject the whole apparatus upon finding the freezers unsatisfactory. But he had no right to accept one part and reject the rest, for that would impose a new contract on the vendor. He also had the right to test the machinery by using it for so long as was…
2Cases cited3 opinions
- Brown v. . FosterNew York Court of Appeals · 1888
- C. & C. Electric Motor Co. v. D. Frisbie & Co.Supreme Court of Connecticut · 1895
- Dubuque v. ComanSupreme Court of Connecticut · 1894
3Cited by7 opinions
- L. Albert & Son v. Armstrong Rubber Co.Court of Appeals for the Second Circuit · 1949
- Keeler v. General Products, Inc.Supreme Court of Connecticut · 1950
- Loveland v. Aymett's Auto Arcade, Inc.Supreme Court of Connecticut · 1936
- Modern Home Utilities, Inc. v. GarritySupreme Court of Connecticut · 1936
- Beco, Inc. v. Minnechaug Golf Course, Inc.Connecticut Appellate Court · 1968
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