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BUCKSTAFF V. RUSSELL, 151 U. S. 626 (1894)

U.S. Supreme Court

Buckstaff v. Russell, 151 U.S. 626 (1894)

Buckstaff v. Russell

No. 207

Argued and submitted January 17, 1894

Decided February 5, 1894

151 U.S. 626


Where, in an action on a contract, a counterclaim to the amount of $10,000 is interposed by the defendant, and judgment is given for plaintiff for less than $5,000, this Court has jurisdiction to review that judgment when brought here by defendant below.

When one party contracts to set up a machine for another party and the other party contracts to pay for it, one-third when the machine is steamed up ready to run, and the balance at a future time, with interest, and it is mutually agreed that the buyer shall satisfy himself before payments are due that the machine works to his satisfaction, and if it does not, that the seller shall within 60 days after notice, comply with the terms

Page 151 U. S. 627

of his contract or the buyer may declare it paid in full, the proper remedy of the seller, after delivery of the machine and refusal of the buyer to accept it, is an action on the contract to recover the contract price, and not an action for breach of the contract by refusal to accept the machine.

The requirement that an assignment of error based upon the admission or rejection of evidence must, in the case of a deposition excluded in whole or in part, state the full substance of the evidence so admitted or rejected, does not apply where the witness testifies in person and where the question propounded to him is not only proper in form, but is so framed as to clearly admit of an answer favorable to the claim or defense of the party producing him.

When the court in such case does not require the party in whose behalf the question is put to state the facts proposed to be proved by the answer, the rejection of the answer will be deemed error or not according as the question, upon its face, if proper in form, may or may not clearly admit of an answer favorable to the party in whose behalf it is propounded.

When objection is made to a question to a witness as incompetent, irrelevant, and immaterial, and the objection is sustained, the court may or may not, within its discretion, require the party in whose behalf the question is put to state the facts proposed to be proved by the answer.

This was an action in contract. Judgment for plaintiff to which defendant sued out this writ of error. The case is stated in the opinion.

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