Bancroft v. San Francisco Tool Co.

Citations

• 5 Cal. Unrep. 586
• 47 P. 684
• 1897 Cal. LEXIS 939

Syllabus

<p>Contract to Make Passenger Elevator.—A Warranty in a Written contract to manufacture and put up a passenger elevator, that the contractor would furnish first-class work, and keep the elevator in repair for one year, does not include a warranty that the design submitted with the specifications would be suitable.</p> <p>Contract to Make Passenger Elevator.—The Implied Warranty created by Civil Code, section 1770, which provides that one who manufactures an article under an order for a particular purpose warrants that it is reasonably fit for such purpose, forms a part of a written contract to manufacture and put up a passenger elevator, so that an action for breach thereof is one on a written contract (Code Civ. Proc., sec. 337), for breach of which action may be brought within four years.</p> <p>Contract to Make Passenger Elevator.-—A Cause of Action for a Breach of warranty that the design of a passenger elevator would be suitable for the purpose for which it was intended accrues when the elevator is completed.</p>