S. Stroock & Co. v. Joseph Lichtenthal, Inc.

The defendant agreed to buy from the plaintiff merchandise described in a series of written contracts as “La Parisienne ” cloth. The contracts refer to no sample. They contain a clause reading as follows: “ Spongers’ or examiners’ examinations or reports will not be recognized by us and no claims or allowances, by reason of any examinations or reports, or because of variation in patterns, quality, color, or for any other reason, will be allowed.”

Upon the trial the plaintiff took the position that the exculpatory clause above quoted constituted the plaintiff “ a judge of what constitutes a…