Morse v. Union Stock Yard Co.
Oregon Supreme Court
Defendant appeals. There was no implied warranty in this transaction. {Barnard v. Kellogg, 10 Wall. 383; Hogins v. Plympton, 11 Pick. 97; Pearson v. Martin, 38 Wis. 265; Lawton v. Keil, 61 Barb. 558; Maxwell v. Lee, 34 Minn. 511; Loche v. Williamson, 40 Wis. 379; Carondelet IronWorhs v. Moore, 78 Ill. 65; Ryan v. Ulmer, 108 Pa. St. 332; 56 Am.
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Defendant appeals. There was no implied warranty in this transaction. {Barnard v. Kellogg, 10 Wall. 383; Hogins v. Plympton, 11 Pick. 97; Pearson v. Martin, 38 Wis. 265; Lawton v. Keil, 61 Barb. 558; Maxwell v. Lee, 34 Minn. 511; Loche v. Williamson, 40 Wis. 379; Carondelet IronWorhs v. Moore, 78 Ill. 65; Ryan v. Ulmer, 108 Pa. St. 332; 56 Am. Rep. 210.) The acceptance of the cattle at Centralia is an admission on the part of the defendant that they came within the descriptive words “good beef cattle,” used in his letter. {Reed v. Randall, 29 N. Y. 358; 86 Am. Rep. 305; Conner v. Henderson,…
1Opinion of the Court
Lord, J.'
This was an action brought by the plaintiff against the defendant to recover damages for a breach of an implied warranty in the sale of a lot of cattle. The contract consisted of an order contained in a letter directing the defendant to “get two car-loads of good beef cattle,” and to “consign them to Cen-traba,” and “ to draw on Wooding & Co. for the amount.” The cattle not being of the quality ordered, or fit for the purpose intended, the defendant was notifiedmpon their delivery; but refusing to take any action in the premises, this action was brought, which resulted in a verdict…
2Cases cited18 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- White v. . MillerNew York Court of Appeals · 1877
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- Bradford v. ManlyMassachusetts Supreme Judicial Court · 1816
- Lewis v. W. D. Rountree & Co.Supreme Court of North Carolina · 1878
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3Cited by21 opinions
- Davis Calyx Drill Co. v. MalloryCourt of Appeals for the Eighth Circuit · 1905
- Conkling v. Standard Oil Co.Supreme Court of Iowa · 1908
- W. S. Maxwell Co. v. Southern Oregon Gas Corp.Oregon Supreme Court · 1937
- Coyle and Smith v. BaumSupreme Court of Oklahoma · 1895
- Lenz v. BlakeOregon Supreme Court · 1904
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