Waters Heater Co. v. Mansfield
Supreme Court of Vermont
Assumpsit. Plea, the general issue, and trial by the court, March Term, 1874, Wheeler, J., presiding. Plaintiff is a corporation that sells patent heaters for heating water for steam-engine boilers by exhaust steam. Defendants use a steam engine. Wilcox, president of plaintiff, applied to defendants to have them take one of these heaters and try it, to see if they would purchase it.
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Assumpsit. Plea, the general issue, and trial by the court, March Term, 1874, Wheeler, J., presiding. Plaintiff is a corporation that sells patent heaters for heating water for steam-engine boilers by exhaust steam. Defendants use a steam engine. Wilcox, president of plaintiff, applied to defendants to have them take one of these heaters and try it, to see if they would purchase it. To induce them to do so, he recommended it highly, said that it would save 25 per cent, of fuel, and could be readily attached to their boiler and tried at small expense. Induced by his recommendations and…
1Opinion of the Court
The opinion of the court was delivered by
Royce, J.
The agreement of the parties was evidenced by the written order of the defendants and the agreement of the plaintiff of the date of November 1, 1871. The case finds that the plaintiff shipped the heater, and that it was received by the defendants within the time limited by the order, and that he sent with it the printed directions as agreed. This was, all that the plaintiff was under obligation to do. The defendants agreed to attach the heater to their works within sixty days from the date of the order, and were to have the privilege of using…
2Cited by8 opinions
- Louisville Trust Co. v. Bayer Steam Soot Blower Co.Court of Appeals of Kentucky · 1915
- Turner v. Muskegon Machine & Foundry Co.Michigan Supreme Court · 1893
- Hopedale Electric Co. v. Electric Storage Battery Co.New York Court of Appeals · 1906
- Hopedale Electric Co. v. Electric Storage Battery Co.Appellate Division of the Supreme Court of the State of New York · 1904
- Springfield Engine Stop Co. v. SharpMassachusetts Supreme Judicial Court · 1903
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