Fisher Hydraulic Stone & Machinery Co. v. Warner
Court of Appeals for the Second Circuit
In Error to the District Court of the United States for the Northern District of New York. Action by the Fisher Hydraulic Stone & Machinery Company against Henry P. Warner. There was a judgment for plaintiff for nominal damages (188 Fed. 465), and -plaintiff brings error.
1Opinion of the Court
AUGUSTUS N. HAND, District Judge.
The plaintiff contracted in writing to sell to the defendant certain machinery "and fittings known as a concrete mixer. The agreement, provided that the apparatus was to be sold f. o. b. cars Mt. Gilead, Ohio, was to be installed under the supervision of a representative of the plaintiff without charge for superintendence, and to be ordered by the defendant on or before October 1, 1906. The defendant was to pay $5,130 altogether, $500 upon the execution of the contract, 50 per cent, of the balance on receipt of the bill of lading, and to have the privilege of…
2Cases cited11 opinions
- Dustan v. . McAndrewNew York Court of Appeals · 1870
- Black River Lumber Co. v. WarnerSupreme Court of Missouri · 1887
- Van Brocklen v. . SmeallieNew York Court of Appeals · 1893
- Ackerman v. . RubensNew York Court of Appeals · 1901
- Ballentine v. RobinsonSupreme Court of Pennsylvania · 1863
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3Cited by7 opinions
- United States v. Swift & Co.Supreme Court of the United States · 1926
- Kawin & Co. v. American Colortype Co.Court of Appeals for the Seventh Circuit · 1917
- Weintrob's EstateSupreme Court of Pennsylvania · 1929
- Brunswick-Balke-Collender Co. v. Wisconsin Mat Co.Court of Appeals for the Seventh Circuit · 1928
- T. W. Warner Co. v. AndrewsDistrict Court, S.D. New York · 1936
2 more not listed; retrieve them via the Exa API.