Scattergood v. . Wood
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. ■■ This action was brought to recover the purchase-price agreed to be paid in and by a contract between the parties.
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Appeal from judgment of the General Term of the Supreme Court, in the third judicial department, affirming a judgment in favor of defendants, entered upon the report of a referee. ■■ This action was brought to recover the purchase-price agreed to be paid in and by a contract between the parties. The contract recited that plaintiff was the inventor of an improved cotton gin and condenser attached thereto, and had applied for letters patent therefor ; this he contracted to sell to defendants, and to assign the letters patent when issued, for a sum specified. The contract contained this clause:…
1Opinion of the CourtDanforth, J.
The complaint alleges that by the contract the plaintiff “did warrant said cotton gin to be equal in all respects to the best saw gin then in use.” The defendants reiterate this averment, and the contract set out in the .answer, and accepted by the plaintiff as correct, justifies the .•statement. The defendants set up a breach of this warranty as ¡a defense to the plaintiff’s action, and the referee has found in favor of the defendants upon that issue. This finding is sustained by the General Term, and is obviously supported by evidence. It cannot therefore be reviewed in this court.
The…
2Cases cited1 opinion
- Chase v. WoodburyMassachusetts Supreme Judicial Court · 1850
3Cited by16 opinions
- Brunker v. CumminsIndiana Supreme Court · 1892
- Barnes v. . BrownNew York Court of Appeals · 1892
- Fox v. ParkAppellate Division of the Supreme Court of the State of New York · 1897
- Young v. . JohnsonNew York Court of Appeals · 1890
- Roark v. GreenoSupreme Court of Kansas · 1900
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