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ALBANY & RENSSELAER CO. V. LUNDBERG, 121 U. S. 451 (1887)

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U.S. Supreme Court

Albany & Rensselaer Co. v. Lundberg, 121 U.S. 451 (1887)

Albany & Rensselaer Company v. Lundberg

Argued April l, 1887

Decided April 25, 1887

121 U.S. 451

Syllabus

A written contract, made in this country, by which

"I, Gustaf Lundberg, agent for N. M. Hoeglund's Sons & Co. of Stockholm, agree to sell, and we, Albany and Rensselaer Iron and Steel Co., Troy, N.Y., agree to buy"

certain Swedish pig iron which contains no other mention of the Swedish firm and is signed by Lundberg with his own name merely, as well as by the purchaser, will sustain an action by Lundberg in a court of the United States within the State of New York by virtue of § 449 of the New York Code of Civil Procedure and § 914 of the Revised Statutes of the United States, if not at common law.

Upon the question whether a warranty, in a written contract of sale of Swedish pig iron, of a particular brand that the iron shall contain no more than a specified proportion of phosphorus has been complied with, evidence of the proportion of phosphorus in pig iron made in precious years at the same furnace out of ore from the same mine is irrelevant and incompetent.

This was an action at law on a contract. Verdict for the

plaintiff, and judgment on the verdict. The defendant sued out this writ of error. The case is stated in the opinion of the Court.


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