by John Marshall Harlan, Buckstaff v. Russell Company — Opinion of the Court
“ In respect to the guaranty of the plaintiff that the engines, boilers, and pumps would work, and that the engines would furnish the stipulated amount of horse power, and be as economical of fuel and as durable as a Corliss noncondensing engine, it need only be said that those were also matters to be alleged and proved by defendants in support of their counterclaim. ”
by John Marshall Harlan, Buckstaff v. Russell Company — Opinion of the Court
“ It was not necessary to allege in the petition that the engine, boilers, and pumps were ascertained by the defendants to work to their entire satisfaction. It was sufficient to allege the delivery of the articles, and the expiration of the time limited in the contract for the payments. ”
by John Marshall Harlan, Buckstaff v. Russell Company — Opinion of the Court
“ The defendants further alleged in their counterclaim that, at the request of plaintiff, they allowed it, after the date of the erection of said machinery, to consume a long time in the attempt, or pretended attempt, to adjust the boilers, engines, and machinery, and supply them with grates and fittings, so that the same would meet the requirements and descriptions of the contract, all of which attempts, or pretended attempts, have wholly and completely failed ”
