Lindheim v. Duys
The Superior Court of New York City
Appeal from judgment entered on a verdict in favor of the defendant, and from order denying plaintiffs motion, for a new trial.
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. t
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.
*17The plaintiff assigns as…
2Cases cited9 opinions
- Caldwell v. . New Jersey Steamboat Co.New York Court of Appeals · 1872
- Pease v. . SmithNew York Court of Appeals · 1875
- 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
4 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Rheinfeldt v. DahlmanAppellate Terms of the Supreme Court of New York · 1897
- Horowitz v. Hamburg-American Packet Co.Appellate Terms of the Supreme Court of New York · 1896
- Lack v. WeberAppellate Terms of the Supreme Court of New York · 1908