Manitowoc Steam Boiler Works v. Manitowoc Glue Co.

97 N.W. 515 (1903)

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Manitowoc Steam Boiler Works v. Manitowoc Glue Co.

Wisconsin Supreme Court
97 N.W. 515 (1903)

SC

Facts

Manitowoc Glue Co. (MGC) (defendant) used an old boiler to produce steam for its factory. MGC signed a contract to purchase a new boiler from Manitowoc Steam Boiler Works (Boiler Works) (plaintiff). The contract stated that the new boiler must have 50 percent greater capacity than the old boiler. Boiler Works delivered the new boiler to MGC. The new boiler turned out to have 20 percent less capacity than the old boiler. MGC tried to make it work in conjunction with its old boiler but ultimately it was not sufficient. Testimony indicated that MGC at one point asked Boiler Works to remove the new boiler. Boiler Works sued MGC to recover payment for the new boiler. MGC maintained that the boiler delivered was not what was in the contract. The trial court ruled that Boiler Works had substantially performed under the contract and that MGC had not rejected the performance. The court ordered MGC to pay the contract price. MGC appealed.

Rule of Law

Issue

Holding and Reasoning (Dodge, J.)

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