(Download) "Buol Machine Co. v. Buckens" by Supreme Court of Connecticut # Book PDF Kindle ePub Free
eBook details
- Title: Buol Machine Co. v. Buckens
- Author : Supreme Court of Connecticut
- Release Date : January 21, 1959
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 53 KB
Description
The plaintiff, a manufacturer, sued the
defendant, a machinery dealer, for damages for
breach of contract in the sale to the plaintiff of
a second-hand machine known as a Landis plunge cut
hydraulic cylindrical grinder. The complaint alleged
that the machine was defective, that it would not
operate satisfactorily, that certain parts were
missing, that it failed to perform the work for
which it was purchased and that the defendant had
breached his contract in that he failed to put the
machine in satisfactory mechanical condition and
refused to accept its return and to refund the
purchase price in accordance with a so-called
guarantee.1 The plaintiff also sought recovery
for expenses Incurred by it for parts and labor in
its attempts to get the machine into working order
and for the losses it sustained by reason of its
inability to supply customers' demands because of
the failure of the machine to operate properly. The defendant, in addition to a general denial
of certain material allegations of the complaint,
interposed a special defense the gist of which
was that the guarantee applied only to machines
reconditioned by the defendant and, furthermore,
did not apply to machines sold "subject to
inspection," and that for both reasons it did
not apply here because prior to the purchase (a)
the plaintiff was informed, and knew, that the
defendant had not reconditioned the machine but
that the reconditioning had been done by Green
Brothers in Worcester, Massachusetts, and (b)
the plaintiff inspected the machine and
[146 Conn. 641]