Page:Federal Reporter, 1st Series, Volume 4.djvu/159

 ■WEST, ETC., MANUP'g 00. ». AN60NIA BBASS, ETC., 00. 145 �4. Nothing need be said in regard to cancellation, because, upon the defendant's testimony, the policy never was can- celled, even under the usages of Insurance companies and agents in the city of New York. �The motion for a new trial is denied, and stay of execution is removed. ���West, Bradley & Cary Manuf'g Co, v. Ansonia Brass & �COPPËR Co. �ipironit Court, D. Connœticut. , 1880.) �1. GONTBACT — ^WABiBANTy OF QUALITT. �Assumpstt. �Charles B. Ingersoll, for plaintiff. �Wooster e Torrance, for defendant. �Shipman, D. J. This is an action of general assumpsît which ■was tried by the court, the parties having by agreement waived a trial by jury. The plaintiff's account, upon which the suit was brought, is for clock springs of varions kinds which were f umished by the plaintiff to the defendant between- July 8, 1876, and February 23, 1876, upon the defendant's orders. The principal of the account was $1,552, It is not denied by the defendant that it received the goods which were thus furnished, and that they have not been paid for. The defence is the recoupment of damages resulting from the breach of the plaintifs warranty of the quality of the clock spring which it sold to the defendant. �In the summer of 1874 the plaintiff, through Mr. Àlanson Cary, ita authorized agent, solicited from the defendant orders for clock springs. The defendant was largely engaged in the manufacture of clocks. The plaintiff was an extensive steel- spring manufacturer, and had just commenced to make pol- ished clock springs. The defendant had been buying its springs from Edward E. Dunbar, of Bristol. The Dunbar spring was of excellent quality and had a good reputation. Mr. Carey, before any orders were given, shqwed the defendant �v.4,no.2— 10 ����