Lindheim v. Duys
The Superior Court of the City of New York and Buffalo
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
- Pease v. . SmithNew York Court of Appeals · 1875
- Marshall v. . DaviesNew York Court of Appeals · 1879
- Langley v. . WadsworthNew York Court of Appeals · 1885
- Jones v. . OsgoodNew York Court of Appeals · 1852
- McGinley v. . United States Life Ins. Co.New York Court of Appeals · 1879
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