davidaulloa/AmericanStories huggingface dataset:
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-10-15
CHURCH COOPERATION.

Among the RESOLUTIONS presenter ana
referred were those for cooperation
between the English and American
church in the establishment of churches
on the continent of Europe, for restoring
the original text of Rock of Ages and
other hymns.
A petition urging II radical change in
the prayer book was summary tabled
Spencer Trask, lay delega e from Al
bany. y. Y, presented resolution
which was referred, providing that Il
Joint committee Of the two houses be
appointed to prepare n suitabte memoir.
ial, to be submitted to Congress- and to
the Legislatures of the several States
urging that appropriate steps be taken n
secure an amendment to the constitution
which shall give power to Congress to
establish uniform laws on the subject OF
marriage and divorce throughout the
United States.
Rev. DR.. John Fulton, of Pennsyl-
vania. opened the debate involving
church unity. He supported the Hunt
ington amendment to the constitution
as calculated to facilitate the high aim
of making the church national i'll char
acter.
Francis T.. Stetson, Of the New York
lay delegation, urged the amendment as
widening the educational, us well as the
spiritual influence of the church.
Rev. DIR. Joseph Carey, of Albany,
spoke of the American church as one
embra icing not only Anglo-SaXons, but
truly American in embracing all ma
tiOnalties coming to the American shore
and as such it should open its doors to
newcomers.
CALLS IT REVOLUTIONARY.
Mr.. Arthur Rierson. Chicago lay dele
gate. characterized the amendment as
revolutionary and pointed out that if
adopted it would bring into the church
congregations without baptism, and
without confirmation.
At this point an effort was made to
close the debate~ and take II vote at
| o'clock p. mr.. but this was voted down
by friends of the amendment.
Under the five minute rule Of debate,
many clerical and lay delegates took
part.
The final disposition of the question
went over until Monday.
The House of Bishops adopted propO-
sition extending the offences for which
unbecoming a bishop" Another amend
ment adopted extends the provision
against alternating church property. a
special committee of bishops was ere
ated. consisting of the bishops of Chica-
ga, New York and Vermont for the eX-
animation of candidates for holy orders.
The bishops discussed and passed arti-
cles 4, and s of the amendments to
the constitution, already passed by the
House Article covers the provincial
SYSTEM"
At $50 o'clock both Houses adjourned
in order to permit the bishops and depu-
ties. some 400 in number, to start on
the pilgrimage to jamestown Island,
near Richmond, Va, where 800 years
ago the church was first established i'll
America.
The news & observer. [volume] (Raleigh, N.C.) 1894-current, 1898-10-15

The man who is unable to make a
new record is apt to dispute the old ones.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
OPIUM FOR THE PRISON.
Two Ex-Convicts Arrested for
Plugging Car-Wheels.

Budd Hausensacker and George
Thomas, both of whom are ex-convicts,
We're arrested by officer Fisher yester-
day, and will probably be charged with
vagrancy.
Chief Of Police Dwyer recently learned
that a scheme had been laid by convicts
in the Folsom prison by which quaint
ties Of opium might be struggled in, and
that Hausensaker, who was discharged
on Tuesday last, and Thomas, whose
term expired about six months ago, were
to do the procuring act.
Chief Dwyer learned that the opium
was to be kneaded into the holes in The
wheels Of a certain car used in hauling
crushed rock from the prison plant, and
succeeded in getting the number of the
car to be so loaded.
4 watch was then set for the men, and
it was learned that they had carried out
their agreement at this end of the line,
and had packed one of the wheels of the
car with 50 worth Of crude opium. Bat
the car had started back to Folsom, and
Chief Dwyer notified the prison authorl-
ties 10 look out for it's arrival and secure
the drug before the convicts got at it.
Many plans have been laid by convicts
by which opium and morphine might be
struggled into the prison. but this one,
which has been practiced before, how
ever. is the most novel.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
DOG WITH FALSE TEETH.
Notable Piece of Dentistry Per
formed on a London Canine.
SAN FRANCISCO, CAL.
LOUISVILLE, KY. NEW YORK, N.Y.

!
/ London claims to have the only dog
with false teeth in the world. This ca
nine curiosity is in the possession of Mr..
| E. MoSely, one of the best-knoWn dem
lists in the West End.
| Myn Duivel, as the dog is named, is
proud of his masticators, and defies
criticism by vigorously devouring what
ever is placed before him. He does not
even hesitate at chops, grinding their
bones to powder with wonderful ease.
Il bought the dog abroad, Mr.. Nose
| ly remarks in 'Tid-Bits," for a stud
/ dog, as although old, he possesses many
good points. He had no teeth, however,
and l found that We had to specially
prepare his food for him. He became
very unfortunate in his kennels, where
the dogs would worry him. without his
being able to defend himself, and treat
him with the utmost contempt. So
the idea occurred to me that l might
make him a set of false teeth. 1t had
never been done before to my knowl-
edge, and there were great difficulties
in the way, but I saw no reason why
it should not be done.
so l chloroformed Myn Duivel and
The puzzle. after the mouth was pre-
pared, was how to fit the plate. Every
thing had TO be specially made, but at
last l succeeded in taking models of
the dogs mouth, and the most difficult
part of the operation was over, or
so, at least, | congratulated myself.
From the models metal dies were cast,
and natty little platinum plates struck
to fit each. jaw. These plates had to
be of double thickness in order to OBJ
tain sufficient strength, as Myn Duivel,
having no fear of his dentists bill, is
reckless in the way he tackles bones
1T was a formidable task-the most
difficult operation I have ever perform
ed ir a professional career of nearly
twenty years. Each of the teeth oc-
cupied two hours in preparing, and as
there were twentyfour of them you
will understand what a dreary task ii
was. Forty-eight hours of grinding
And then each tooth had to be ground
to the exact size and shape, and there
was a great risk of breakage But it
was done at last, and Myn Duive1 was
fitted with his new set of artificial
teeth.
he reverted furlously at first, and
fought violently against the innovation,
but at length he became reconciled,
and he is now an extremely praud. not
to say conceited, dog. His teeth are
taken out and cleaned each night with
his own tooth brush and special tooth
powder.
THE outlay for materials used in
the experiments and failures" said Mr.
Mosely, was considerable. My leading
mechanic was employed on the case for
ten days, and | put in more hard work
and took more skin off my finger tips
in shaping those teeth than have done
in year of ordinary work No,
shouldn't care to do another one for
a patient, unless 1 had carte blanche in
both money and time, and even then l
should think twice. New York Her
aid.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
CHOSEN FRIENDS.
They Gave a Charming Entertain
ment Last Evening.

The open meeting, entertainment and
dance given at Foresters Hall by the
Order of Chosen Friends last night drew
a crowd much too large for the hail,
Hundreds who could not gain entrance
left the building, many stood up in the
passages, and the ante-roomS were
crowded.
The programme offered was excellent
throughout and brought out some of the
best talent in the city. The vocal solos
by Mrs Meise, Mrs. NJ. Duhain, Mrs.
Moeller and Mrs. Coppersmith were ex-
ceptionally good, and the duet by Miss
Blanche Ficks and Miss Minnie Shay re-
ceived unstinted applause. while the
whistling solo by Miss Minnie Cross was
an innovation that was well received.
There was a cake-walk, the winners OF
which We're A. Carr and Lille Lantbell.
Grand officer c. NJ Arnold of San
Francisco delivered a brief address, in
which he set forth the objects and adj
vantages of the Order of Chosen Friends.
At the conclusion of the programme the
hall was cleared and dancing was in or
der, and those present expressed them
selves as having spent a pleasant even
ing The programme was as follows:
Piano duet, Miss j. Elworthy and c..
r. Stickney; recitation, Belle Stargel;
vocal solo, Mrs. Meise; remarks, by Su-
preme and grand officers: vocal duet,
Blanche Ficks and Minnie Shay; piano
solo. Miss De Puy; recitation, Pearl
Baldwin; vocal solo, with orch st a. Mrs.
NJ. Duhaine; whistling solo, Miss Minnie
Cross; contralto solo, Mrs. Moeller; reel
tation, Miss T. Kelly; soprano solo, Mrs.
Copr,ar,sn1ith
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
NEW BOOKS.
The Latest Received at the City
Free Library.

The following named new books have
been placed on the shelves at the City
Free Library:
Armstrong1The Teacup Club.
Aubrey-The Devil Tree OF Ell Do
RADIO.
Barr-The Kings Highway.
Bayly-Donovan Wayfaring Men.
Blackmore-Dariel.,
Brooks-Under the Tamaracks.
Burnham-Miss Archer Archer.
Carey-Heriot's Choice; Not Like
Other Girls: Wooed and Married.
Clemens-The Prince and the Pauper
g copies); Tom Sawyer Abroad, and
Other Stories.
Clover-Paul Traver's Adventures.
Converse-The Lost Gold Mine.
Crockett-Lad's Love.
Cummins-The Lamplighter
Denison-An Everyday Heroine; The
Descendant.
Doyle-Rodney Stone.
Du Maurier-The Marian.
Eggleston-The Hoosier Schoolmaster.
Eliot-Danel Deronda.
Fernald-The Cat and the Cherub,
and other Stories.
Finley-Elsie at Home.
Grand-The Beth Book.
Graydon-In the Days of Washing
ton.
Harte-Barker's Luck, and Other
Stories; Three Partners. or, The Big
Strike on Heavy Tree Hill.
Henty-A March on London.
Jameison-Lady Jane.
Johnson-fer College Days.
Judah-DoWn Our Way.
L al Tdy's Ward tIS Siege of
Quebec; Chasing a Yacht.
King-Marion's Faith.
KirDy-The Golden Dog
Lothrop-Phronsie Pepper
Mclean Greene-Stuart and Bambo.
Marlow-TheN Moncasket Mystery,
and How Tom Hardy Solved 1t.
Marshall-The Girl Rancfers of the
San Coulee.
Munroe-Dorymates
AIurfree-The Young Mountaineers.
Musick-Columbia Historical Novels
02 volumes).
Peattie-Pippins and Cheese.
Phelps-Gypsy's Cousin JOY.
Repplier-Varia
Stedman-Poenls.
Stuart-Solomon Crows Christmas
Pockets, and Other Tales.
Thackeray-Vanity Fair; The Vir-
ginians.
Van der Naillen-In the Sanctuary.
Wait-Yerm the Dorado.
Weyman-Shrewsbur
Wister-Lin Mclean.
Woods-An Elusive Lover.
Bellaigue-Portraits and Silhouettes
of Musicians.
MISUNDERSTANDING Plays.
Clemens--A Connecticut Yankee in
King Athur's Court
Eddy Miscellaneous Writings.
Field-The MUSES. Up to Date.
Francillon-Gods and Heroes.
Gunter-Bob Covington.
Hittell-History of California
Larned-In Woods and Fields.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
PERSONAL MENTION.

Mr.. ard Mrs. VI. Voorsanger of New
York are at the Golden Eagle.
Mr. and Mrs. w r. Klein of Chicago
are guests at the Golden Eagle.
Z. c. Horst. the hop dealer, came up
from San Francisco last night.
Mrs c. r Waymire has returned
from months visit with Mr.. and Mrs
John Cross Of Los Angeles.
Miss Title Gerdes of Tracy is visit
ing her friend. Miss Lena Weight, of
this city She viii remain here for a
few weeks. sis
Mr. ana Mrs Rome Miller of Missouri
Valley. Ia, are visiting Mrs. w. B. Mil
Ter. AIr. Miller is a brother of the late
Wm. +. Miller.
George w. Peltier. who has been in
san Francisco for several weeks. came
Up On Tuesday. but returned again yes
terday. Mrs. Peltier. who has been
In San Francisco for some time. will
return home IN about two weeks.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10

senger to San Francisco and pay 81
more than they receive for the privi
lege of carrying him to Seattle.
These statements are irrefragible, and
the question arises, Why cannot they
receive sober and just consideration
at the hands of the press of this city
and at the hands of the mercantile COM
munity? What is the occasion for de-
nouncing the Southern Pacific Com
pany? What commercial advantage is
to be gained by Misrepresentation and
falsenood in these matters? The mer-
camille community of San Francisco is
not in ignorance of these facts. The
merchant, if he is fit for his calling
rightly interprets geographical facts
and renders them into commercial fac
tors. If there is a merchant in San
Francisco who has heretofore been
guilty of the folly of not making himself
acquainted with the commercial factors
underlying this Klondike business, he
has reason for entertaining a feeling of
humiliation. If prejudice has been per-
nitted to influence the minds of the
mercantile community to the extent of
misunderstanding and misrepresenting
these facts, the case is one of still
greater cause for shame. Business is
pursued on the basis of the cold mathe-
MATES of finance. Sentiment has no
part in If, and both partially and pre-
JUDGE are sentiments having no legiti-
mate place in commercial transactions.
AS to the press, nothing better can be
expected than Misrepresentation. In
matters of this kind the misrepresenta
ton proceeds from either ignorance or
enmty; but the journalism which mis-
interpets a sober commercial factor is
of no value to the community in which
it is published. 1t should be the office
of journalism to inform and instruct
the public mind; but when information
is false, instruction is correspondingly
erroneous.
San Francisco is confronted with a
lesson in commercial geography. 1t is
being taught by an illustrative object
lesson that geographical facts become
commercial factors, and in this aspect
they are very stubborn things. Geog-
raphy is Interchangeable; the commercial
factor which usually attends it insur
mount ahle
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10

IN THE SUPERIOR COURT, STATE
of California County of Sacramento. In
the matter of the estate of ROBERT
FORBES, deceased.
Notice is hereby given that FRIDAY.
the 18th day of March, 1898, at 10 O'Clock
a. m. of said day, and the court room of
said court, at the Courthouse. in the City
of Sacramento, County of Sacramento,
and State of California. has been APP
pointed as the time and place for prov
ing the will of said Robert Forbes, de-
ceased and for hearing the application of
Elizabeth A. Forbes for the issuance to
her of letters teStamentary thereon.
Witness my hand aud the seal of said
court this 9TH day of March. 1893.
tSeaD W. Il. HAMILTON. Clerk.
BY E. s Nachhorst, Deputy Clerk
Indorsed: Filed March I. 1898
w. Il. HAMILTON. Clerk.
BY E. S. Wachhorst. Deputy.
White & Seymour, Attorneys for Peti-
toner. mrS-l0t
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10

Jameson-Dictionary of United States
History.
Mulford-The White Cross Library
6 volumes).
Parsons-The Wild Flowers Of Cali
foFnia.
Sadler-Vox Claimants.
Stowe-Life and Letters.
ThWaiteS-Afloat on the Ohio.
Watson-The Potter's Wheel.
WilliamS-Calendar
Besant-First Step in Occultism, The
Ancient Wisdom; The Birth and Eyo-
luton of the Soul; The Building of the
Kosmos; In the Outer Court; Theo-
sophical Essays; The Three Paths; The
Self and It's Sheaves; Six Lectures;
Karma; Man and His Bodies.
Blavatsky-Secret Doctrine (vol. 3D.;
Occultism.
Leadbeater-The Astral Plane; The
Aura; The Devachanic Plane.
Marques-The Human Aura
Mead-Orpheus; The Theosophy Of
the Greeks
Olcutt-Old Dairy Leaves.
Sinnett-The Growth of the Soul;
Theosophical Gleanings; The Upani-
shads.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
SOCIAL EVENTS.

DR.. II. II. Stephenson and Miss Ora
Towle were quietly. married at noon
yesterday at the residence of the
brides mother, Mrs. Allen Towle,
Twenty first and II streets. The nuptial
knot was tied by Rev w S Hoskinson,
and relatives only We're present. Jo-
serh r. Huntoon was groomsman and
Miss Aleen Towle bridesmaid Mr..
and Mrs. Stephenson left for a bridal
tour of few days. and on their re-
turn Will make their home in Sacra-
mcnto. They received many beautiful
wedding nreSenfS
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10

Our furniture store offers for your
choosing almost an entire floor of
parlor furniture in every conceivable
style of upholstering Luxurious
Turkish sofas and easy chairs. Splen-
did Colonial and Empire chairs and
sofas in rich coverings and hand
) somely polished frames. Elegant
Chippendale, Sheraton and Louis
XIV. odd pieces. Pure Rococco de-
signs in French gilt, upholstered in
rich silk brocades. Dutch Marguerite
chairs and rockers. some pearl inlald
and highly polished. And-but there s
no use in giving you a word descriD-
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
AUCTIONS.
ASSIGNEE'S SALE BY AUCTION

BY ORDER OF HERMAN C. FISHER,
Assignee. | will sell on THURSDAY,
March 10th, at 10 o'clock a. m, at the
store northwest corner of Seventeenth
and n streets. the new fresh stock of
groceries. provisions, fixtures. etc. Also
one horse wagon and harness. Goods
sold in lots to suit. Terms cash w. H.
SHERBURN, Auctioneer. mrS-td
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10

ton; It fails utterly to convey any
idea Of the magnincence of the stock
Come and see ii.
The particular parlor set, of which
the sofa shown in illustration is a
part, is very handsome. There are
four pieces in the set-sofa, divan,
patent rocker and arm chair. The
frame is birch finished in imitation OF
mahogany. The entire SET is uphol-
stored in silk brocatelle. The color
ings in the coverings of the different
pieces are all different and are ex-
quisitely beautiful. The prices: Sofa,
SO; divan, $40; patent rocker, S1J:
arm chair. SIC.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
Y. III. C. A. Reception.

At the rooms of the Young Mems
Christian Association this evening a
reception will be given to C. B. Willis.
General Secretary of the Y. NJ c. A. of
Milwaukee, who is making a visit to
the coast. An address of welcome
will be delivered by Rev. A. B. Banks.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
Accident to Timothy Lee,

While trying to head off some horses
yesterday Timothy Lee. Assistant Su-
perintendent of the Preston School of
Industry at lone, slipped and fell,
breaking one of the tendons of his left
leg. The accident will confine him to
his bed for some time.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
Good

baking powder at IS or 50
cents a pound? Ridiculous
1t can't be made. Cream
of tartar costs too much.
The grocer must make a
profit; and so must the man.
ufacturer. els
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
Joe Soto Again.

Peter Sanches yesterday swore to a
complaint charging Joe Soto with hav-
ing burglarized his room. Sanches al
legged that Soto entered his room and
stole therefrom 10 cents
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
Mrs. STATESMAN Divorced.

In the case Of Katie against Charles
STATESMAN, Judge Johnson yesterday
granted the plaintiff decree of divorce,
but awarded the custody of the children
to the defendant
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
Is. F., No 663 Department One
Filed March 3 1881

Is. F., No 663 Department One
Filed March 3, 1889
London and San Francisco Bank,
Limited respondent; julius Bandmann
ct al. appellants. Foreclosure. Judg-
ment modified
The mere change in the form of a
debt does not satisfy a mortgage given
to secure it, unless it is intended so to
operate. The lien Of the debt attaches
to the mortgaged property, and the lien
can, as between the parties, only be
destroyed by the payment or discharge
of the debt or by release of the mort
gage. Mere change in the form of the
evidence of the debt in no wise affects
the lien.
The provision of the Constitution
rendering invalid an agreement by the
mortgagor to pay the mortgage tax,
although inserted in the Constitution
for the benefit of the mortgagor, is a
benefit which he may waive if he sees
fit and if he voluntarily fulflls his
promise to pay interest he is bound by
his act and he canont recover it back
nor have it allowed as a credit on the
principal of the loan.
There was included in the note form
ing the basis of the action the amount
of note held by the plaintiff and ex-
ecuted by the defendants firm. 1t
nowhere appearing by the findings
that the amount evidenced by this note
was either a present existing indebted
ness of the defendant at the time the
mortgage was given, or that it was
future advance. Held that it appear
ing that the mortgage furnished no Sc
curity for the payment of the note, 20
that extent the judgment was too
large.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
Services at St. Andrews Church

There will be services at ST. Andrew S
Church, Twenty third and X streets,
every Wednesday, Thursday and Fri
day at 7:3o p. M
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
ONE ENJOYS

~|-~ 1870 q ~ - ~
Both the method and results when
Syrup of Figs is taken; it is pleasant
and refreshing to the taste, and acts
gently yet promptly on the Kidneys,
Liver and Bowels, cleanses the sys-
tenn eifectually, dispels colds. head
aches and fevers and cures habitual
constipation. Syrup of Figs is the
only remedy of its kind ever pro-
duced, pleasing to the taste and ac-
ceptable to the stomach, prompt in
its action and truly beneficial in its
effects, prepared only from the most
healthy and agreeable substances, its
many excellent qualities commend it
to all and have made it the most
popular remedy known.
Syrup of Figs is for sale in so
cent bottles by all leading drug
gists. Any reliable druggist who
may not have it on hand will pro-
cure it promptly for any one who
wishes to try it. Do not accept any
substitute.
CALIFORNIA FIc syrup co.
SAN FRANCISCO. CAL.
LOUISVILLE. KY. NEW YORK, N.Y.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10

Try McMorry's soc uncolored Japar
tea; e. B. tea, Coo; G. p. tea, 75c; p F
Japan tea, 40c; 53l Nj street.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
SUPREME COURT DECISIONS.
SYLLABI.

SYILABI.
Is. F., No 1873 Department Two
Filed March >, 1889
Louis Meyer, appellant; Matilda
Meyer, respondent. Divorce. Order for
alimony modified
In suit for a divorce when it appears
that the party applying for alimony
pendente lite has voluntarily, and Who'll
~ without consideration, conveyed
away valuable property and thus placed
herself in a condition of apparent de-
pendence upon her relatives, this cir
cumstance should be taken into consid-
GRAFTON in making the order.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
SPECIAL NOTICES.

BAKER & HAMILTON. wholesale hard
ware bicycles carts, buggies, carriages,
phaetons. Balm farm and header wagons.
Send for catalogue.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10

Save money by buying your tea and
coffee of j. McMorry, 531 M.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10

Cold lunch and the best kept bear al
the Ell Dorado, S26 street.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10

The Popular Restaurant" at Ninth
and streets, charges popular prices.
The record-union. [volume] (Sacramento, Calif.) 1891-1903, 1898-03-10
Is. F., No. 4S4 In Bank FiIec
March 3, 1889

Is. F., No. 4S4 - In Bank Filed
March g. 1889
II. II. Bancroft. appellant; San Fran
cisco Tool Company, respondent. Dam
ages for defective elevator. Affirmed.
Section ITO, c. c., is but the re-
statement of an elementary principle
of law, and does not apply where the
manufactured article is furnished I'M
der a contract demanding that it De
made according to specific plans and
specifications. For under such cir
cumstances the purchaser selects the
article and gets exactly What he orders;
and in the absence of an express war
ranty assumes the risk following such
purchase. There is no principle of law
casting liability upon the manufacturer
in the absence of express agreement,
where he performs the contract to the
letter.