Clover Cutting Die Co. Inc. v. Sam Smith Book Reviews

Clover Cutting Die Co. Inc. v. Sam Smith by Supreme Court of New Hampshire Book Summary

Assumpsit, to recover $2,056.08 from the defendant for certain dies sold it by the plaintiff. Trial by the Court resulting
in a verdict for the plaintiff for $1,493.71. The plaintiff excepted to the admission and exclusion of evidence, to the denial
of its motions for a directed verdict and to set aside the verdict as against the law and the evidence. The defendant, invoking
a breach of an implied warranty of fitness, claimed that the dies sold it by the plaintiff which were to be used to cut leather
and linings for shoes were defective. The record shows that the cutting was done on a wooden block. On this the leather or
lining was placed, then the die was put on top of the leather and a clicker machine, so called, struck the die a blow. The
defendant claimed the dies either did not cut cleanly or else pierced the leather and became embedded in the wood causing
delay and trouble in removing them. Transferred by Leahy, J. Other facts appear in the opinion.

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