Albany & Rensselaer Co. v. Lundberg

Citations

• 121 U.S. 451
• 7 S. Ct. 958
• 30 L. Ed. 982
• 1887 U.S. LEXIS 2064

Syllabus

<p>A written contract, made in this country, by which “ I, Gustaf Lundberg, agent for N. M. Hoglund’s Sons & Co. of Stockholm, agree to sell, and we, Albany aud Rens'selaer Iron and Steel Co., Troy, N. Y., agree to buy ” , certain Swedish pig iron, which contains no other mention of the Swedish firm, and is signed by Lundberg with his own name merely, as well as by the purchaser, will sustain an action by Lundberg in a court of the United States within the state of New York, by virtue of § 449 of the New York Code of Civil Procedure and § 914 of the Revised Statutes of the'United States, if not at fcommon law..</p> <p>Upon the question whether a warrant}1', in a written contract of sale of Swedish pig iron, of a particular brand, that the iron shall contain no more than a specified proportion of phosphorus, has been complied with, evidence of the proportion of phosphorus in pig iron made in previous years at the same furnace out of ore from the same mine is irrelevant and incompetent.</p>