Edwards v. New York & Harlem Railroad
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 12, 1882, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting the plaintiff on ,trial.
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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, entered upon an order made May 12, 1882, which affirmed a judgment in favor of defendant, entered upon an order nonsuiting the plaintiff on ,trial. This action was brought to recover damages for injuries sustained by plaintiff by the falling of a gallery in a building in the city of New York designed for public entertainments, known as Gilmore’s Garden, which building was leased by defendant to one Kelly, for the purpose of giving a pedestrian exhibition therein. It was conceded upon the trial…
1Opinion of the CourtEael, J.
There is an implied warranty upon an executory sale of merchandise that the property is in a merchantable condition, and upon the sale of a chattel by the manufacturer thereof, that the chattel is St and suitable for the purpose for which it was intended and is purchased,- and upon the sale of provisions for consumption, that they are wholesome and proper for use as food; but upon the demise of real estate, there are no such implied warranties. It is a universal rule, to which no exception can be found in any case now regarded as authority, that upon the demise of real estate there is no…
2Cases cited4 opinions
- Swords v. . EdgarNew York Court of Appeals · 1874
- Jaffe v. . HarteauNew York Court of Appeals · 1874
- Camp v. . WoodNew York Court of Appeals · 1879
- Mellen v. MorrillMassachusetts Supreme Judicial Court · 1879
3Cited by47 opinions
- Chapman v. SilberNew York Court of Appeals · 2001
- Alnashmi v. Certified Analytical Group, Inc.Appellate Division of the Supreme Court of the State of New York · 2011
- Hines v. WillcoxTennessee Supreme Court · 1896
- Clifford v. Atlantic Cotton MillsMassachusetts Supreme Judicial Court · 1888
- Schick v. FleischhauerAppellate Division of the Supreme Court of the State of New York · 1898
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