Quiet Automatic Burner Corp. v. Wetstone
Quiet Automatic Burner Corp. v. Wetstone
Opinion of the Court
The plaintiff brought this action to recover the purchase price of an air-conditioning unit claimed to have been sold to the defendant. The answer consisted of a general denial and a special defense alleging negligence and breach of contract. The defendant, by counterclaim, sought to recover damages from the plaintiff. The court rendered judgment for the plaintiff and the defendant has appealed.
The material facts are the following: The plaintiff has a factory and place of business in Montelair, New Jersey, and is engaged in the manufacture and sale of furnaces. Prior to October 1, 1951, the defendant, whose place of business is in Hartford, telephoned the plaintiff, ordered an air-conditioning unit complete with burner and controls, and directed the plaintiff to ship it by truck. The plaintiff assembled the unit and delivered it, in a crate and three cartons, to a carrier for delivery to the defendant. The carrier made out a straight bill of lading dated October 1, 1951. After the plaintiff had delivered the unit to the carrier, the defendant sent the plaintiff a written purchase order, dated October 11,1951, directing the plaintiff to ship the unit to the Hayes-Te Machine Company in Unionville, Connecticut. On or about October 19, the carrier delivered the unit to the defendant at his place of business, where an unqualified receipt accepting delivery of it in good
The defendant seeks to have the finding corrected by having certain paragraphs of his draft finding added to it. He claims that the facts which he seeks to have added were admitted or undisputed. A fact is not an admitted or undisputed fact because the witness who testified to it has not been contradicted. The acceptance or rejection of testimony is a matter for the trial court. Chouinard v. Zoning Commission, 139 Conn. 728, 730, 97 A.2d 562; Practice Book § 397; Maltbie, Conn. App. Proc., p. 124. The finding is not subject to correction.
The defendant maintains that he did not have a reasonable opportunity to examine the unit when it was delivered to him in Hartford and that, consequently, under the pertinent provisions of § 6662 of the General Statutes
In the counterclaim, the defendant claimed damages for negligence of the plaintiff in packing the unit and for breach of the implied warranty of fitness. On the trial, the defendant made no claim that he had proved the negligence he had alleged. The court found, and was warranted in finding, that the damage to the unit was so slight that it was de minimis. Under these circumstances, the court was warranted in concluding that judgment on the counterclaim should be rendered in favor of the plaintiff.
There is no error.
In this opinion the other judges concurred.
‘Sec. 6662. right to examine the goods. When goods which he has not previously examined are delivered to the buyer, he is not deemed to have accepted such goods unless and until he has had a reasonable opportunity of examining the same for the purpose
Reference
- Full Case Name
- Quiet Automatic Burner Corporation v. Richard J. Wetstone
- Cited By
- 3 cases
- Status
- Published