Renaud v. Peck
New York Court of Common Pleas
Appeal, by plaintiffs, from a judgment upon a verdict. The action was brought to recover for goods sold and delivered. It appeared that, on October 3d, 1854, the defendants ordered from the plaintiffs seventy-six cartons of black velvet ribbons, to be ' procured by plaintiffs from France. The written memorandum, given by defendants when ordering the goods, specified the quantity and description of ribbons desired, but was silent as to quality.
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Appeal, by plaintiffs, from a judgment upon a verdict. The action was brought to recover for goods sold and delivered. It appeared that, on October 3d, 1854, the defendants ordered from the plaintiffs seventy-six cartons of black velvet ribbons, to be ' procured by plaintiffs from France. The written memorandum, given by defendants when ordering the goods, specified the quantity and description of ribbons desired, but was silent as to quality. It appeared, however, that in the oral negotiations attending the order, it was agreed that the ribbons “ were to be of good quality.” The plaintiffs…
1Opinion of the Court
By the Court, Brady, J.
There was evidence given, on the part of the defendants, tending to prove that the ribbons ordered by the defendants were to be of “good quality,” that “ they were to come out first rate goods,” “equal to steamboat brand;” and, upon the questions, whether that was the agreement, and whether the ribbons delivered corresponded with the order given, the jury have found for the defendants. Upon the trial, it was insisted that if the defendants wished to avail themselves of any breach of warranty, they should have returned the ribbons, or have offered to do so, within a…
2Cases cited5 opinions
- Crary v. SpragueNew York Supreme Court · 1834
- Supervisors of Chenango v. BirdsallNew York Supreme Court · 1830
- Farmers' & Manufacturers' Bank v. WhinfieldNew York Supreme Court · 1840
- Hunt v. BurrelNew York Supreme Court · 1809
- Thomas v. Ross & ShawNew York Supreme Court · 1832
3Cited by4 opinions
- Murphy v. GaySupreme Court of Missouri · 1866
- Roe v. HansonNew York Supreme Court · 1871
- Salomon v. MoralNew York Court of Common Pleas · 1877
- Copley Iron Co. v. PopeNew York Court of Common Pleas · 1885