Book Description

This historic book may have numerous typos, missing text or index. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. 1901. Not illustrated. Excerpt: ... Pflueger v Blake & Johnson. Tenth. That on March 13, 1884, the defendants dissolved partnership, and on that day notified plaintiff ot the fact, and directed it to suspend work on the dies, etc., and countermanded the order for the same. Eleventh. That the machinery and tools were all completed and ready tor shipment on March 19, 1884, and that on March 28, plaintiff advised defendants ot the fact, and enclosed its bill for the same. Twelfth. On April 4, 1884, and after the receipt by them ot plaintin's letter of March 28, 1884, the defendants called plaintiffs' attention to the fact that they had countermanded the order lor machinery and tools on March 13, 1884, and that they did not recognize the right ot plaintiff at that time to ask them to receive and pay for the machinery. Thirteenth. May 14, 1884, defendants notified plaintiff that they had no opportunity to know whether the dies, etc., would do the work properly, or would even fit their press. Fourteenth. Defendants on May 14, 1884, again advised plaintill that the order was countermanded, and that the machinery was then in the hands ol plaintill. Fifteenth. Shortly thereafter plaintiff demanded payment ot its account for the work and material furnished, and upon the refusal of defendants to pay the same brought this suit. Sixteenth. Plaintiff has not at any time sent the press or any ot said dies and tools to defendants at Akron, nor did the defendants ever request, that said press, dies and tools should be sent to them, except as contained in the letter ol May 14, nor have such of the dies and tools as were made for the press at Akron, ever been tried in said press. Seventeenth. Defendants ordered said drop press and lifter, the dies and tools for the purpose of using the same jointly in the manufactur...