Modern Machinery Co. v. Perkins

Citations

• 26 Del. 127
• 3 Boyce 127
• 80 A. 1060
• 1911 Del. LEXIS 24

Syllabus

<p>1. Witnesses—Examination—Refreshing Recollection.</p> <p>In assumpsit to recover for the manufacture of pumps pursuant to contract, an officer of plaintiff corporation could refresh his recollection in testifying as to work done and material furnished from memoranda made up from cards upon which plaintiff’s workmen made entries in the usual course of business, showing the work and materials used, from which cards witness made entries during the progress of the work.</p> <p>2. Contracts—Definition.</p> <p>A contract is an agreement between two or more persons to do or not to do a particular thing.</p> <p>3. Sales—“Warranty”—Definition.</p> <p>A warranty is an express or implied undertaking by one of the parties, collateral to the main subject of the contract, whereby he promises or insures that the thing to be done, etc., shall be of the kind or quality stipulated.</p> <p>4. Sales—Warranties—Breach—Offer of Seller.</p> <p>If plaintiff contracted to manufacture air pumps for defendant under a warranty that they would have a certain pressure, but they failed to make such pressure when attached to defendant’s system, because of defects in the system, plaintiff may recover for labor done and material furnished.</p> <p>5. Sales—Action for Price—Damages.</p> <p>In assumpsit for material furnished and labor done in making pumps pursuant to contract for their manufacture, the seller could recover such amount as would reasonably compensate him for expenditures of labor and materials in making them.</p> <p>6. Sales—Warranties—Breach.</p> <p>If pumps, agreed to be manufactured by plaintiff for defendant, failed to give a certain pressure when used, as warranted by plaintiff, plaintiff could not recover in assumpsit for the value of the work and material furnished, except such sum, if any, as the pumps were worth to defendant, notwithstanding their failure to conform to the warranty.</p>