McCormick Harvesting Machine Co. v. Warfield
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Eugene Warfield, from an order of the Supreme Court, made at the Ontario Trial Term and entered in the office of the clerk of the county of Ontario on the 9th day of December, 1897, granting the plaintiff’s motion to set aside a verdict in favor of the defendant, and for a new trial made upon the minutes. This action was tried at the Ontario Trial Term in May, 1897, and resulted in a verdict for the defendant.
1Opinion of the Court
Adams, J.:
The plaintiff brings this action to enforce the payment of a note of $100 and interest, given by the defendant in payment for 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…
2Cases cited2 opinions
- Pierson v. . CrooksNew York Court of Appeals · 1889
- Roth v. . Buffalo State Line R.R. Co.New York Court of Appeals · 1866
3Cited by5 opinions
- Sherkate Sahami Khass Rapol v. Henry R. Jahn & Son, Inc.Court of Appeals for the Second Circuit · 1983
- 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
- Spinella v. Atlantic Tug & Equipment Co.Appellate Division of the Supreme Court of the State of New York · 1954
- Wichita Mill & Elevator Co. v. Liberal Elevator Co.Court of Appeals for the Eighth Circuit · 1917
- Sipe v. National Silk Dyeing Co.Appellate Terms of the Supreme Court of New York · 1916