Wolcott, Johnson & Co. v. Mount
Supreme Court of New Jersey
On certiorari to the Monmouth Pleas, on the trial of an appeal from the judgment of a justice of the peace. The cause was argued in this court on the following statement of the case: On the trial of the appeal, Mount, the appellee and plaintiff before the justice, proved that Wolcott, Johnson & Co. were merchants, keeping a store of general merchandise, in the county of Monmouth, and that, among other articles, they advertised and kept agricultural seeds for sale, and sold…
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On certiorari to the Monmouth Pleas, on the trial of an appeal from the judgment of a justice of the peace. The cause was argued in this court on the following statement of the case: On the trial of the appeal, Mount, the appellee and plaintiff before the justice, proved that Wolcott, Johnson & Co. were merchants, keeping a store of general merchandise, in the county of Monmouth, and that, among other articles, they advertised and kept agricultural seeds for sale, and sold seeds. Mount went to their store and asked one of the partners, Bloomfield Wolcott, for early strap-leaf red-top turnip…
1Opinion of the Court
The opinion of the court was delivered by
Depue, J.
The action in this case was brought on a contract of warranty and resulted in a judgment against the defendants in the action for damages.
Two exceptions to the proceedings are presented by the brief submitted. The first touches the right of the plaintiff to recover at all. The second the measure of damages.
In the absence of fraud or a warranty of the quality of an article, the maxim, caveat emptor, applies. As a general rule, no warranty of the goodness of an article will be implied on a contract of sale.
It has been held by the courts of New…
2Cases cited6 opinions
- Borrekins v. Bevan & PorterSupreme Court of Pennsylvania · 1831
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Seixas v. WoodsNew York Supreme Court · 1804
- Swett v. ColgateNew York Supreme Court · 1822
- Gossler v. Eagle Sugar RefineryMassachusetts Supreme Judicial Court · 1869
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3Cited by15 opinions
- St. Paul at Chase Corp. v. Manufacturers Life InsuranceCourt of Appeals of Maryland · 1971
- Sandler v. Lawn-A-Mat Chem. & Equip. Corp.New Jersey Superior Court Appellate Division · 1976
- Gore v. George J. Ball, IncorporatedSupreme Court of North Carolina · 1971
- Grillo v. Bd. of Realtors of Plainfield AreaNew Jersey Superior Court Appellate Division · 1966
- Associated Metals, Etc., Corp. v. Dixon ChemicalNew Jersey Superior Court Appellate Division · 1964
10 more not listed; retrieve them via the Exa API.