Philip Schneider Brewing Co. v. American Ice-Machine Co., 724.

• Decision Date: 12 October 1896
• Docket Number: 724.
• Citation: 77 F. 138
• Parties: PHILIP SCHNEIDER BREWING CO. v. AMERICAN ICE-MACH. CO. [1]
• Court: U.S. Court of Appeals — Eighth Circuit

77 F. 138

PHILIP SCHNEIDER BREWING CO. v. AMERICAN ICE-MACH. CO. ^[1]

No. 724.

United States Court of Appeals, Eighth Circuit.

October 12, 1896

This was an action brought in the United States circuit court for the district of Colorado by the American Ice-Machine Company the defendant in error, against the Philip Schneider Brewing Company, the plaintiff in error, to recover the balance of the purchase price of an ice-making machine, and the value of certain goods, wares, and merchandise. The complaint divides the plaintiff's claim into three causes of action, which are separately states. The first is founded on a contract for an ice machine purchased by the plaintiff in error from the defendant in error at the agreed price of $11,580, upon which it is averred payments have been made amounting to $7,723.57 leaving due the sum of $3,856.43. The complaint contained the usual averment that the plaintiff 'has fully complied with and performed all and singular the terms and conditions' of the contract upon its part. The second is founded on an account for apparatus known as 'temperators,' sold and delivered by the plaintiff to the defendant at the agreed price of $1,200, and for a filter, sold and delivered at the agreed price of $250; and upon this account it is averred $1,393 was paid, leaving due thereon $57. The third is founded on an action for sundry items of goods, wares, and merchandise sold and delivered by the plaintiff to the defendant at the agreed price, and for the reasonable price and value of $1,639.19.

The following is a copy of the contract for the ice machine:

'This agreement, made this 27th day of April, 1893, by and between the American Ice-Machine Company, a corporation existing under and pursuant to the laws of the state of Missouri, having its general office in the city of St Louis, state of Missouri, party of the first part, and Philip Schneider Brewing Co., brewers, a corporation duly organized and created under the laws of the state of Colorado and doing business in the city of Trinidad, county of Las Animas, state of Colorado, party of the second part, for and in consideration of one dollar, by each to the other paid, the receipt whereof is hereby acknowledged, and for other valuable considerations, which are hereinafter specified, do hereby promise, covenant, and agree each with the other, and do hereby bind themselves, their successors, legal representatives, heirs, executors, administrators, and assigns, to faithfully perform, fulfill, and carry out all of the several provisions, conditions, and requirements specified in this agreement, to wit: That the said party of the first part hereby agrees to construct for and deliver to the said party of the second part, on its brewery premises situated in the city of Trinidad, Colorado, an ice-making apparatus, as hereinafter specified. The power part of said apparatus shall consist of one vertical steam engine having a cylinder fifteen (15) inches in diameter and twenty (20) inches stroke, supplied with slide valve and valve motion complete, governor, throttle valve, lagging, and insulation. The compression part shall consist of one vertical double-acting ammonia compressor ten (10) inches in diameter and twenty (20) inches stroke, complete, with upper and bottom heads, oil stuffing box, steel suction and discharge valves, piston with steel rod, water jacket, stop valves, etc. Said engine and compressor shall be mounted upon a substantial bedplate and vertical supporting frames, and connected together by a shaft supplied with disk cranks; said shaft to carry in its center a fly wheel of ample size and weight to insure the steady operation of the machine, and the whole to be furnished with a substantial gallery, stairs, and hand railing. That the party of the first part will supply and erect a battery of two open-air ammonia condensers of the proper size for the liquefaction of the gas expelled by the compressors, with headers, valves, and connections arranged so that either can be used separately. Two vertical open-air ammonia condensers, made of two-inch special pipe, each twenty-four pipes high and twenty (20) feet long, supported by cast iron brackets, braced with wrought iron tie rods, and supplied with galvanized gutters for distributing the condensed water, each condenser to be supplied with a two (2) inch discharge valve and 3/4-inch liquid valve, and connected to manifolds on top and bottom. The condensers to be erected on your present cement condenser floor. Water connections to be run from the present pipe on condenser floor to the gutters on top of new condensers, and supplied with the requisite valves and fittings. Hot gas connection to be run from the present discharge pipe or high-pressure drip to the new condensers, and liquid connection to be made with present liquid receiver or pipe running thereto. Suction and discharge connections of the proper size to be made between the new machine and existing suction and discharge pipes, making the ammonia system complete. One steel freezing tank, measuring inside about thirty-seven (37) feet long, seventeen well braced with angle irons and the rods, to prevent bulging when filled with brine. The tank to be provided with top framework for supporting the covers, to be insulated on all sides and ends with not less than eight inches in thickness of mineral wool, held in place by substantial wood framework, and all exposed sides or ends to be neatly and substantially lagged with matched and dressed lumber. Two hundred and forty-six (246) well-insulated covers to be furnished for the top of tank, made of two thicknesses of spruce with paper between, and provided with galvanized staples for lifting. One brass rotary agitator to be mounted in the freezing tank, for circulating the brine, and one vertical steam engine to be furnished and erected for driving the same, including all shafting, hangers, pulleys, and belting required for connecting the engine with the agitator. Fourteen (14) ammonia evaporating coils, made of two (2) inch special pipe, each coil to be about thirty-five (35) feet long, and together containing not less than two thousand (2,000) linear feet of pipe, to be erected in the freezing tank. The coils to be supported by wrought iron stands and braces, and each coil to be supplied with a one (1) inch suction valve, and a one-half inch expansion valve, making each coil independent of the others. The coils to be connected on top with a 2 1/2-inch suction manifold, and on bottom with a 1 1/2-inch liquid manifold, each of extra heavy wrought iron. Suction connection to be run from freezing tank manifold to machines or to present main suction pipe, and liquid connection from liquid receiver to liquid manifold on freezing tank. All connections to be arranged so that either or both machines can be used for the operation of the ice plant and cellar work. One complete apparatus for the distillation and filtration of 12 tons of water per twenty-four hours for the ice cans, consisting of open air steam condenser and heavy iron pan for same and two filters. All parts except condenser can be readily cleaned without disconnection. The steam condenser to be connected with the main exhaust pipe from machines, and all connections to be made between the different parts of the distilling and filtering system. Water connections to be run from a convenient point in the present mains to the water gutters of steam condenser and water cooler. One automatic foot valve for filling the cans, including all hose and pipe connection. One combined chain hoist and traveling crane for lifting and handling the ice and cans. One hot-water tank for thawing the ice from the cans, and one of our improved dumpers for emptying the cans. Two hundred and forty (240) galvanized ice cans, made of No. 18 iron, measuring 8'x16'x42', well riveted and soldered water-tight, and provided with wrought iron band around top, to make blocks of ice weighing one hundred and fifty (150) pounds. All piping and tank work to be coated with the best quality of mineral waterproof paint, and the machine to be painted in an artistic manner, in keeping with this class of machinery. Material and workmanship throughout to be first-class and warranted, and the machine and plant, in all of their parts, to be constructed in accordance with the latest and best practice. We will guaranty that the machine, when properly operated, and at normal speed, shall have power and capacity to develop a refrigerating duty equivalent to that produced by the melting of twenty (20) tons of good, marketable ice per day of twenty-four hours. The said party of the first part further guarantees that the distilling and filtering apparatus, the freezing tank, and the evaporating coils shall have a capacity for the production of twelve tons of good, marketable ice per day of 24 hours. That the party of the first part will provide a good and competent engineer to remain with the machine and plant for a period of thirty days to give them a thorough test, and to instruct the engineer of the party of the second part in the handling and management of the same. That the party of the first part will erect the plant hereinbefore specified on the premises of the said party of the second part, ready to charge with ammonia, for the sum of eleven thousand, five hundred and eighty (11,580) dollars, the said party of the first part to make the main steam and exhaust connections to and from the machine. That the said party of the second part will pay to the party of the first part, as consideration for constructing and erecting the machine and plant, as hereinbefore specified, the said sum of eleven thousand five hundred and eighty dollars, as follows: First payment, the sum of $2,895.00 (two

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