Dixon-Woods Co. v. Phillips Glass Co.

Citations

• 169 Pa. 167
• 32 A. 432
• 1895 Pa. LEXIS 1082

Syllabus

<p>Contract— Guaranty — Barnard of experiment.</p> <p>In a suit on a written agreement under which plaintiff agrees to erect according to plans prepared by it “ one continuous melting, regenerative tank melting furnace, with 12 working holes designed to work 86 window glass blowers in three shifts of 12 blowers each per day of twenty-four hours, the furnace to be operated with fuel gas manufactured from coal by what is known as ‘ Wellman ’ producers,” and “ to erect three of said producers and connect same with gas valve of said furnace by flues or conduits of suitable size to convey the gas from producers to valve in sufficient quantity to operate said furnace,” and “ to erect two additional producers and connect same by flues or conduits of suitable size with two blowing furnaces and three flattening ovens erected or to be erected by second party (defendant), also with floater kiln hereinafter named to be erected by first party” (plaintiff); and “first party (plaintiff) guarantees that the work will be done in a thoroughly workmanliké manner and that all material used will be oí the best quality lor the purpose required; and further that the gas flues or conduits will have capacity sufficient to supply the various furnaces and ovens named, and, while not guaranteeing absolutely the successful operation of the furnaces, first party (plaintiff) to use every endeavor in its power to make them operate successfully; ” it appeared that this method of melting glass and operating the furnace with fuel gas had hardly passed the stage of experiment, and both parties had full knowledge and experience in glass manufacture; it was held that the plaintiff was bound to show (1) that the work was done in a thoroughly workmanlike manner, and that the material used was of the best quality for the purpose; (2) that the gas flues had a capacity sufficent to supply the furnaces and ovens; (3) that it had used every endeavor in its power to make them operate successfully; but all the h