Court of Appeals for the First Circuit December 22, 1898, No. 223 (Nashua Iron & Steel Co. v. Brush)

PUTNAM, Circuit Judge.

The defendant below agreed with the plaintiff below to manufacture and deliver a forged-iron beam strap of the best hammered scrap iron, of the dimensions particularly described, to be used for a beam engine. The contract was executory, and the case, therefore, has no relation to the doctrine of caveat emptor.