University of Virginia Library

No Redress for Purchasers.

"In the case of giving warranties on aeroplanes, we have yet to see just what a court is going to say. It is easy enough for a manufacturer to guarantee to build a machine of certain dimensions and according to certain specifications, but when he inserts a clause in the constract

to the effect that the machine will raise itself from the surface of the earth, defy the laws of gravity, and soar in the heavens at the will of the aviator, he is to say the least contracting to perform a miracle.

"Until aeroplanes have been made and accepted as practical, no court will force a manufacturer to turn out a machine guaranteed to fly. So purchasers can well remember that if their machines refuse to fly they have no redress against the maker, for he can always say, `The industry is still in its experimental stage.' In contracting for an engine no builder will guarantee that the particular engine will successfully operate the aeroplane. In fact he could never be forced to live up to such an agreement, should he agree to a stipulation of that sort. The best any engine maker will guarantee is to build an engine according to specifications."