11 Colo. App. 300 | Colo. Ct. App. | 1898
delivered the opinion of the court.
The appellee brought suit against the appellant to recover $276.29, the purchase price of certain articles of machinery-sold by the former to the latter. The defense was that the machinery was purchased by the defendant, and sold by the plaintiff, for use in connection with the defendant’s electric light and power plant, at Canon City Colorado; that at the time of the sale the plaintiff warranted the articles to be first-class in every particular; and specially warranted certain of them, called clutch pulleys, to be true running, well balanced,
The following is the contract of warranty relied on by the defendant:
“ St. Louis, Oct. 25th, 1895.
“ Canon City Electric Light and Power Co.,
“ Canon City, Colo.
“ Dear Sirs: — In reply to yours of the 22nd we propose to furnish you goods below mentioned at prices herein quoted:
*302 “We guarantee all goods to be first-class in every particular.
“ Shafting will be made of the best material, straight, true gauge and well finished.
“ Flange couplings will be of strength equal to the strength of the shaft for which they may be ordered, and when fitted to shaft, will be keyed in place, faced off after being so keyed, and a true running line guaranteed.
“ Compression couplings will be of. strength equal to the strength of the shaft for which they may be ordered; will be .accurately fitted, and run on our live rolls after being keyed in place, and a true running line guaranteed.
“Bearings will be of suitable strength for the shaft for which they are ordered, will be self-oiling, and babbitted with a good quality of babbitt.
“We make pulleys for any belt duty, and guarantee them to stand the strain of the belt for which they may be ordered, to be true running, well-balanced, and of good workmanship.
“We make friction clutch pulleys for any belt duty, and guarantee them to transmit the full power for which they may be ordered, and to operate satisfactorily.
“ If any goods we may furnish do not come up to our representations, we will replace them free of charge, or refund the money paid for them.
“ Our guarantee and liability is limited as above stated. * * * We can furnish you a first-class job in every respect, guaranteeing all goods as per guarantee at head of this letter.”
The defendant’s letter of October 22, referred to in the foregoing, is not in the record, so that in interpreting the answering letter we have no aid from the outside, and must be confined to its own language. No representations are alleged, except those which it contains, and no fraud is charged. The sole reliance of the defendant is on the express warranty.
The rules for interpreting express warranties do not differ from those applied to other contracts. The object to be attained is an ascertainment of the intention of the parties
But the defendant, equally with the plaintiff, is bound by
The defendant further offered to prove the amount paid by it for freight and cartage on the goods from St. Louis to Canon City, but the court refused to admit the evidence. It appears that the goods were sold in St. Louis, and were delivered to the defendant on board the cars in St. Louis, and that the agreed purchase money was the price at St. Louis. To find whether the plaintiff was chargeable with the cost of transportation of the goods from St. Louis, we must look to the contract under which they were purchased. The plaintiff agreed in case they should not come up to its representations, if it did not replace them, to refund the money paid for them. As the goods were delivered at St. Louis, and the money to be paid for them was the price at St. Louis, the money paid to the carriers was not money paid for the goods, and was therefore not money which the plaintiff agreed to refund to the defendant. We think this evidence was properly rejected.
The judgment will be affirmed.
Affirmed.