Stone v. . Browning
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiffs entered on a verdict. The action was brought to recover the balance of the purchase-money of a quantity of goods, claimed by the plaintiffs to have been sold and delivered by them to the defendants, under a verbal contract of sale. The defendants denied the allegation in the complaint in reference to the sale and delivery.
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Appeal from judgment of the General Term of the Supreme Court in the first judicial district, affirming a judgment in favor of plaintiffs entered on a verdict. The action was brought to recover the balance of the purchase-money of a quantity of goods, claimed by the plaintiffs to have been sold and delivered by them to the defendants, under a verbal contract of sale. The defendants denied the allegation in the complaint in reference to the sale and delivery. They also set up, among other defences, that the goods were sold by sample, with an. express warranty that the goods exhibited were fair…
1Opinion of the Court
It must be assumed that the jury, under the instructions given to them by the court, have, by their verdict in favor of the plaintiffs, found either that there was neither an express warranty nor a sale of the goods by sample, or that they conformed to the warranty, if there was one, and corresponded with the samples exhibited if the sale was by sample.
The defendants are therefore precluded from any relief on those grounds.
They were, however, entitled to have the jury instructed as asked in the ninth request or proposition submitted to the court.
Although the goods were delivered by the…
2Cases cited1 opinion
- Brand v. FochtNew York Court of Appeals · 1867
3Cited by23 opinions
- Cooke v. . MillardNew York Court of Appeals · 1875
- Stone v. . BrowningNew York Court of Appeals · 1877
- Dinnie v. JohnsonNorth Dakota Supreme Court · 1898
- Hausman v. NyeIndiana Supreme Court · 1878
- Galvin v. MacKenzieOregon Supreme Court · 1891
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