Manitowoc Steam Boiler Works v. Manitowoc Glue Company

97 N.W. 515 (1903)

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Nature of the Case

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Facts

D signed a contract with P to purchase a new boiler. The old one had a commercial rating of about eighty horse power but D needed one with about 100 horse power. P's manager counseled one still larger, namely, to rate about 125 horse power, as compared with the old one, eighty horse power. The contract agreed upon clearly and explicitly stated that the new boiler must have 50% greater capacity than D’s current boiler. P delivered the new boiler and it was discovered that it had 20 percent less capacity than the original. D tried to incorporate the new boiler with its original and that attempt failed. All attempts to increase the output of the new one failed. D asked P to remove the boiler. P sued to recover payment. D claimed P breached the contract and no payment was due. D also sought a counterclaim to recover $1,100 which it had paid upon the price thereof, certain additional expenses occasioned by delay in the delivery of the boiler, and additional expense for wages and fuel by reason of the necessity of running two boilers. P claimed substantial performance. The court ruled for P. It held that P had substantially performed its contract, except that, instead of a boiler fifty percent. greater than the old one, it had supplied one of about twenty percent. less capacity; that D had accepted the boiler; and that the reasonable value thereof was the original contract price of $ 2,035, holding that D had not rejected the performance. D appealed.