Samuel Blatchford

“ The breach alleged in the petition is that the defendants have failed to construct, erect, and complete the machinery according to the contract, and have failed to erect and complete it within the time set forth in the contract; that the machinery constructed and erected on board of the boat by the defendants is of insufficient and inferior material, is inferior and defective in character and quality of workmanship, and fails to do the work required by the contract ”

“ It is also alleged by the defendants as error that the court did not instruct the jury, as requested by the defendants, that, although the machinery was in fact incapable of working up to the pressure of 1,500 tons, and the incapacity resulted from the fact that machinery of the character and description provided for by the contract could not be made capable of working up to such pressure, the fact that it would not work up to such pressure did not entitle the plaintiff to recover any damages based on such incapacity. ”

“ Hill, and we think there will have to be some little experimenting before you can accomplish just what you want. We do not know how much compression there will be to make bale and weight required, nor how bulky the bark will be, when loose, to make bale of required size. We do know the motions can be made in 2 1/2 minutes and the pressure 1,500 tons given, but what kind of bale it will be we do not know. We are constructing this machinery to make these bales 14" x 16", and not much clearance. ”

“ On the fifth of July, 1881, the following letter was written by the McGowan Pump Company to Darwin:
'CINCINNATI, Ohio, July 5, 1881.
'A. G. Darwin, N. Y.-DEAR SIR: Your favor of June 30th to hand and noted. Our contract is in accord with ours of April 23d. Of course, we do not know nor could we guaranty anything in reference to whether the bark will bale or not, or weight or size of bale. That we consider an experiment, and can only be demonstrated by test. ”

“ If there was such fraud, it leaves that guaranty still in force.' And, again: 'The defendants claim that its proper construction requires that the 1,500 tons only applies to strength of material to endure that pressure as a maximum of endurance, not for a continuous working pressure. It belonged to the plaintiff to say what it wanted, and to defendants to consider it when they made the contract, whether they could give that which was wanted. ”

“ To contrinue all former agreements and guaranties except time required to press bark into bales and removal from cylinders. We further agree to transfer to said Co. all special patterns made for our hyd. machinery, and also agree to transfer to said Co. our exclusive interest in the accumulator and double-end arrangement on hyd. press for bark purposes only. It is hereby agreed that the above guaranty, covering hyd. mach'y, extends only to the strength of material only up to the fifteen hundred tons pressure. ”

“ They were not restricted in plans, specifications, or materials, and were bound to select such plans and materials as were available and capable of doing the work. It was their misfortune if the price demanded was not sf ficient to cover the cost, but that fact, if it be one, cannot relieve them. ”