Kellogg Bridge Co. v. Hamilton

Kellogg Bridge Company v. Hamilton, 110 U.S. 108 (1884), was an Implied warranty of fitness for a particular purpose lawsuit which took place in 1884.

After doing a portion of the work it entered into a written contract with Hamilton (a subcontractor) for the completion of the bridge.

The Bridge Company had previously constructed a part of the falsework involved in between the first and second spans, which Hamilton paid for as he had agreed to do.

On diversity jurisdiction, the cause was removed to the Circuit Court of the US where the Bridge Company answered with a counterclaim for $6,619.70.

In ordinary circumstances, the buyer has the opportunity to inspect the article sold and the seller is not the maker, so they stand on equal grounds of ignorance.