Legal Opinion
McCormick Harvesting Mach. Co. v. Warfield
Appellate Division of the Supreme Court of the State of New York
Decided October 7, 1898PublishedCited by 4 opinions
Appeal from trial term, Ontario county. Action by the McCormick Harvesting Machine Company against Eugene Warfield. There was a verdict' for defendant, and, from an order granting a new trial, defendant appeals.
1Opinion of the CourtAdams, J.
The plaintiff brings this action to enforce the payment of a note of $100 and interest, given by the defendant in payment of a harvesting machine purchased by him of the plaintiff. A written guaranty accompanied the sale of the machine, by the terms of which the same was warranted to be well made, of good material, and durable with proper care. The warranty also contained the following provisions, viz.:
“If upon one day’s trial the machine should not work well, the purchaser shall give immediate notice to said McCormick Harvesting Machine Company, or their agent, and allow time to send a…
2Cases cited2 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Rogers v. . McLeanNew York Court of Appeals · 1866
3Cited by4 opinions
- Sherkate Sahami Khass Rapol v. Henry R. Jahn & Son, Inc.Court of Appeals for the Second Circuit · 1983
- Bowser v. AtkinsonMissouri Court of Appeals · 1912
- Sherkate Sahami Khass Rapol (Rapol Construction Co.) v. Henry R. Jahn & Son, Inc., Henry R. Jahn & Son, Inc., and Third-Party v. Lufkin Industries, Inc., Third-PartyCourt of Appeals for the Second Circuit · 1983
- Wichita Mill & Elevator Co. v. Liberal Elevator Co.Court of Appeals for the Eighth Circuit · 1917