STILLWELL MANUFACTURING CO. v. PHELPS

No. 209.

130 U.S. 520 (1889)

STILLWELL AND BIERCE MANUFACTURING COMPANY v. PHELPS.

Supreme Court of United States.

Decided April 15, 1889.


Attorney(s) appearing for the Case

Mr. G.W. Hazleton for plaintiff in error.

Mr. John T. Fish, for defendant in error.


MR. JUSTICE GRAY, after stating the case as above reported, delivered the opinion of the court.

The principal position taken in the argument for the plaintiff is that the defendant, having received and retained the machinery furnished under the contract sued on, was bound to pay the contract price; and in support of this position cases were cited, holding that under a contract to manufacture or to furnish a chattel satisfactory...

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