Page:Federal Reporter, 1st Series, Volume 4.djvu/160

 14:6 FEDERAL REPORTER. �his samples of springs and received specimens of the Dunbar spring, and had two interviews with the defendant's superin- tendent and the foreman of the movement department at Ansonia, and one interview with the superintendent and the New York agent at New York. At Ansonia, Mr. Cary said that he (meaning the plaintiff) would guaranty his springs to be equal to the Dunbar spring, and that they would run more' evenly than those which the defendant was using. It was understood that plaintiff' s springs would be but seven and a half feet in length, while the Dunbar spring was nine feet long. The representation and the guaranty of Cary were that his seven-and-a-half-foot spring would be equal in efficiency to the nine-foot spring of Dunbar. The eight-day spring of Dunbar ran with uniformity at least eight days. This guaranty was given as an inducement to the defendant to beoome the plaintiiï's customer. The additional induce- ments were a lower price than that of the Dunbar spring and an exchange trade. �While these negotiations were going on, and before any orders had been given to the defendant, Mr, Cary sent defend- ant, on September 24, 1874, one of the plaintiff's clock springs, and wrote the defendant, among other things,"a8 follows : "One thing we can guaranty, that they [the springs] will run more uniform than anything you have ever used, and will, also, guaranty them equal to any French spring made." �Samples were sent by the plaintiff and tested to a certain extent. These negotiations finally culminated in an experi- mental order for 500 springs, about November 1, 1874, which were sent November 12, 1874, and the defendant replied that he would bave them thoroughly tested and give a decision. The test was apparently satisfactory, for orders foUowed and continued to be given until February 23, 1876, at which date goods to the amonnt of about $14,450 had been furnished and had been paid for, with the exception of the bill of $1,552, now in suit. During the first part of the time, modifications in thickness and in minor particulars were suggested or directed by the defendant, which sugges- tions were complied with. ����