Vilter Mfg. Co. v. Abeel

Citations

• 191 F. 272
• 111 C.C.A. 650
• 1911 U.S. App. LEXIS 4940

Syllabus

<p>1. Sales (§ 442*) — Breach of Warranty — Consequential Damages.</p> <p>Where defendant contracted to furnish .and install an ice plant for plaintiff with a warranty of efficiency and capacity, and the installation of such plant required the tearinig down of a building by plaintiff, on a finding by the court of a breach of the warranty which relieved plaintiff of any obligation to accept the plant and that he had not accepted it. the value of the building so torn down was a proper element of damages recoverable for breach of the warranty, as one which was within the contemplation of the parties when the contract was made.</p> <p>[Ed. Note. — For other cases, see Sales, Dee. Dig. § 442.*)</p> <p>2. Sales (§ 412*) — Breach of Contract tor Installment of Ice Plant— Damages.</p> <p>Defendant installed an ice plant for plaintiff, with a warranty that it would produce 50 tons of plate ice per day. It fell short by some fey/ tons of the production, but was used through the season for plaintiff's benefit. Because of the breach of the warranty, the court, in effect, rescinded the contract, and required defendant to refund the payments received on the plant besides paying damages more or less certainly proved. Held, that plaintiff was not entitled to recover as additional damages the rental value of the plant because not accepted and paid for, and especially where there was no certain proof of actual damages.</p> <p>[Ed. Note. — For other cases, see Sales, Dec. Dig. § 442.*]</p>