[Download] "Rose-Derry Corporation v. Proctor" by Supreme Judicial Court of Massachusetts # eBook PDF Kindle ePub Free
eBook details
- Title: Rose-Derry Corporation v. Proctor
- Author : Supreme Judicial Court of Massachusetts
- Release Date : January 01, 1934
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 70 KB
Description
DONAHUE, Justice. These are actions of contract in the first of which Rose-Derry Corporation as plaintiff has sued Proctor & Schwartz, Inc., on two written agreements. The second action is brought by Proctor & Schwartz, Inc., against Rose-Derry Corporation. The declaration contains counts on notes given by the latter as payment under the written agreements and a count for goods sold and delivered to the Rose-Derry Corporation. The cases were tried together in the Superior Court before a jury. In reply to the question submitted: 'Did Proctor & Schwartz, Inc., fail to make the change-over of the four Derry machines of Rose-Derry Corporation into the double doffer type in a good and workmanlike manner or fail to use materials of suitable quality according to the specifications of the contracts' the jury answered 'Yes.' After the jury returned this answer and the answer 'No' to the question whether there had been an accord and satisfaction, the Judge ruled: 'There is a provision in the contract to the effect that damages are limited * * * to the cost of making good the defective machinery and limited to that only,' and, there being no evidence as to such damage, directed the jury to return a verdict for the plaintiff for $1 in the case in which the Rose-Derry Corporation was plaintiff. 1. The Rose-Derry Corporation, hereinafter referred to as the Rose-Derry company, was in 1929, and for many years had been, engaged in the manufacture of cotton felt and felt mattesses and in dealing in cotton waste. It had in its factory at Derry, New Hampshire, four so called 'garnett' machines which were used to card and process cotton waste and turn it into felt. It had two such machines at its factory in Mechanicsville, New York. In July of that year after oral negotiations between the parties, Proctor & Schwartz, Inc., hereinafter referred to as the Proctor company, made a proposal on a printed form with typewritten insertions to furnish the parts and appliances to convert two of the machines at the Derry factory into the 'new design Proctor double doffer delivery machines.' This proposal was accepted in writing by the Rose-Derry company. In September of the same year the Proctor company made a substantially similar proposal which was also accepted in writing by the Rose-Derry company with reference to two other machines at the Derry factory and two which were at the Mechanicsville factory. No question is here raised as to the two machines last mentioned. The four Derry machines were taken apart, shipped to the Philadelphia plant of the Proctor company, there remodelled, shipped back to Derry, and erected under the supervision of an employee of the Proctor company. The work of erection was completed in January, 1930, and the machines were put in use. Complaints were made by the Rose-Derry company as to the quality of felt that the remodelled machines produced and various adjustments of the machines were made from time to time by the Proctor company in the effort to improve that quality. In the autumn of 1930 at the suggestion of an employee or agent of the Proctor company the four machines were shipped to its Boston factory, their cylinders recovered with heat treated wire without cost to the Rose-Derry company, and they were shipped back to Derry and put in operation. There was no contention that thereafterwards the quality of felt that the machines produced was improper or that the machines did not operate properly.