Legal Opinion

Lindheim v. Duys

The Superior Court of the City of New York and Buffalo

Decided January 7, 1895Published

Appeal from jury term. Action by Hoses Lindheim against Henry Buys, Jr. From a judgment entered on a verdict in favor of defendant, and from an order denying a motion for a new trial, plaintiff appeals.

1Opinion of the CourtMcADAM, J.

The action was to recover $1,163.25, damages for 'breach of warranty, upon the sale of tobacco, that it was of “perfect burn,” which is a trade term, signifying that the tobacco would burn perfectly white or grayish-white,—a result considered material to a purchase. The answer denied the alleged warranty, and set up a counterclaim for $642.84, part of the unpaid purchase price of the tobacco. The jury, by their verdict, found there was no warranty, and, as a necessary consequence, that the defendant was entitled to his counterclaim, about which there was no dispute.

The plaintiff assigns as…

2Cases cited9 opinions

  1. Pease v. . SmithNew York Court of Appeals · 1875
  2. Marshall v. . DaviesNew York Court of Appeals · 1879
  3. Langley v. . WadsworthNew York Court of Appeals · 1885
  4. Jones v. . OsgoodNew York Court of Appeals · 1852
  5. McGinley v. . United States Life Ins. Co.New York Court of Appeals · 1879

4 more not listed; retrieve them via the Exa API.

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API