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GRIFFITH-CONSUMERS CO. v. NOONAN

No. 8335.

136 F.2d 271 (1943)

GRIFFITH-CONSUMERS CO. v. NOONAN et al.

United States Court of Appeals for the District of Columbia.

Decided June 4, 1943.

Attorney(s) appearing for the Case

Mr. Selig C. Brez, of Washington, D. C., with whom Mr. Colman Brez Stein, of Washington, D. C., was on the brief, for appellant.

Mr. Martin F. O'Donoghue, of Washington, D. C., with whom Mr. Thomas X. Dunn, of Washington, D. C., was on the brief, for appellees.

Before GRONER, Chief Justice, and EDGERTON and ARNOLD, Associate Justices.

ARNOLD, Associate Justice.

The appellant, Griffith-Consumers Company, installed a boiler for heating purposes on premises owned by the appellees, Trustees of the Estate of John J. Noonan, deceased, under a written contract which contained no express provisions of warranty. After the boiler was installed it appeared that there was insufficient draft in the chimney to allow it to operate properly. Insufficient heat, excessive coal consumption, insufficient hot water...

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