Legal Opinion
Wullschleger & Co., Inc. v. Jenny Fashions, Inc.
District Court, S.D. New York
Decided September 25, 1985No. 84 Civ. 3449 (LFM)PublishedCited by 4 opinions
1Opinion of the Court
OPINION
MacMAHON, District Judge.
This is an action by a seller, Wullschleger & Co., Inc., against a buyer, Jenny Fashions, Inc. (Jenny), for nonpayment of $28,-965.64, plus interest, for fabric sold and partially delivered to Jenny. Claiming a latent defect in the fabric, Jenny counterclaims for lost profits in the amount of $67,361.94, plus interest, alleging breach of both an express and an implied warranty of merchantability. 1
A bench trial was held on April 15 and 16, 1985. After carefully considering the exhibits, hearing and observing the witnesses, and weighing all the evidence and the…
2Cases cited15 opinions
- Wakeman v. Wheeler & Wilson Manufacturing Co.New York Court of Appeals · 1886
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- Lexington Products Limited v. B. D. Communications, Inc.Court of Appeals for the Second Circuit · 1982
- Manniello v. DeaAppellate Division of the Supreme Court of the State of New York · 1983
- Lake Steel Erection, Inc. v. EganAppellate Division of the Supreme Court of the State of New York · 1978
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3Cited by4 opinions
- Lancaster Glass Corporation v. Philips Ecg, Inc. And Gte Products CorporationCourt of Appeals for the Sixth Circuit · 1987
- Jewell-Rung Agency, Inc. v. Haddad Organization, Ltd.District Court, S.D. New York · 1993
- Wyandotte Industries v. E.Y. Neill & Co. (In Re First Hartford Corp.)United States Bankruptcy Court, S.D. New York · 1986
- Damashek v. Wang Laboratories, Inc.Appellate Division of the Supreme Court of the State of New York · 1989