Lunt v. Brown Bros.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Brown Brothers Company, from a judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Monroe on the 1st day of July, 1915, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying defendant’s motion for a new trial made upon the minutes.
1Per curiam
Appellant complains only of the rule for the measure of damages adopted by the trial court.
Plaintiff, a farmer, desiring to set out young trees for an orchard, purchased from defendant, a grower of nursery stock, a quantity of young Baldwin apple trees for that purpose. The trees delivered were represented to be of that variety. Whether they were such could not be discovered by plaintiff on inspection of the trees delivered or until they began to bear fruit. Some four or five years after the trees were set out, it was discovered when they began to bear fruit that they were not Baldwin apple…
2Cited by1 opinion
- Ciminelli v. Umland Brothers, Inc.Appellate Division of the Supreme Court of the State of New York · 1932