Landreth v. Wyckoff
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiffs, Oliver Landreth and others, from a judgment of the Municipal Court of the city of New York, borough of Brooklyn, in favor of the defendant, entered on the 8d day of June, 1901, upon the decision of the court.
1Opinion of the Court
Willard Bartlett, J.:
This is an action by seed growers to recover the purchase price of certain seeds sold by,them to a farmer. The purchase included seeds of the Early Summer Flathead cabbage, seeds of the Long Blood beet, and seed peas of the variety known as Landreth’s Extra. Early pea. In regard to these seeds, the defendant set up a breach of warranty as the basis of a counterclaim for damages; and upon this counterclaim he has recovered a judgment of $510 against the plaintiffs.
As to the cabbage and beet seed, there was evidence tending to-show that the seeds' were impure by reason of…
2Cases cited3 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Van Wyck v. . AllenNew York Court of Appeals · 1877
3Cited by10 opinions
- Henningsen v. Bloomfield Motors, Inc.Supreme Court of New Jersey · 1960
- E. P. Moorhead v. Minneapolis Seed Co.Supreme Court of Minnesota · 1917
- Davis v. Ferguson Seed FarmsCourt of Appeals of Texas · 1923
- Sugarland Industries, Inc. v. FalcoCourt of Appeals of Texas · 1962
- Linn v. Radio Center Delicatessen, Inc.City of New York Municipal Court · 1939
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