Chateaugay Ore Iron Company v. Blake

STATEMENT BY MR. JUSTICE BREWER.

The defendant in error, plaintiff below, is a manufacturer, engaged in the manufacture and sale of a crushing-machine known as the 'Blake' crusher. Plaintiff in error, defendant below, owns and operates a large mine of iron ore in Clinton county, N. Y. In 1881 and 1882 plaintiff built for defendant a crushing-mill of 200 tons capacity per day, which was accepted by the defendant, and satisfactorily used for years. The operation of this crusher and its adaptability to the business necessities of the defendant were thus fully disclosed to the latter by its experience of these years. With this experience and knowledge, the following contract was entered into between the parties:

'Memorandum of agreement made and entered into this 26th day of March, 1886, between Theodore A. Blake, of New Haven, Conn., and the Chateaugay Ore & Iron Co., of Plattsburg, New York.

'Theodore A. Blake, party of the first part, in consideration of one dollar to him in hand paid, and of other considerations, covenants and agrees to furnish the Chateaugay Ore & Iron Co. with a crushing plant, guarantying capacity of six hundred tons daily, crushed to pass through a round hole 4-16ths of an inch in diameter, consisting of the necessary crushers, screens, elevators, shafting, hangers, pulleys, couplings, collars, and belts, in accordance with the specifications hereunto annexed and drawings already submitted, delivered free on board cars at places of manufacture, together with full detailed plans of building for said crushing plant and arrangement of crushing machinery therein, and that he will send a competent man to superintend the placing and erection of the machinery without extra charge, except for board and traveling expenses, and an experienced man to put on all belts, on same terms, for the sum of twenty-five thousand five hundred dollars.

'And the said Chateaugay Ore & Iron Co., party of the second part, in consideration of the premises and other considerations, agrees to pay the said Theodore A. Blake or his order one half the amount, viz., twelve thousand seven hundred and fifty dollars, on presentation of the bills of lading for the sixteen crushers at the said company's office, and the remainder when the machinery is successfully running.

'THEODORE A. BLAKE.

'CHATEAUGAY ORE & IRON CO.,

'By A. L. INMAN, Gen'l M'g'r.'

The first half of the purchase price was paid at the stipulated time. The crushing plant was completed and put in operation about the 1st of October, 1886. On October 7th defendant paid plaintiff $2,500, on October 27th, $2,500, and about the 9th of November, $2,500 in addition, making $7,500 paid after the completion of the plant and the commencement of its operation, and leaving a balance under the contract of $5,250, for which suit was brought. Another suit was also commenced for extras and the expenses of the superintendent. The two were consolidated by order of the court, and proceeded to trial as one. Verdict and judgment were in favor of the plaintiff for $9,574.53, to reverse which judgment the defendant, plaintiff in error, sued out this writ of error.

Frank E. Smith and Edmund Wetmore, for plaintiff in error.

[Argument of Counsel from pages 479-482 intentionally omitted]

L. E. Chittenden and R. D. Mussey, for defendant in error.

Mr. Justice BREWER, after stating the facts in the foregoing language, delivered the opinion of the court.