New York State Monitor Milk Pan Co. v. Remington
New York Supreme Court
Appeal from a judgment, entered in Delaware county on the report of a referee, for $7,694.62 damages and $917.10 costs. The action was brought to recover damages upon a written contract, dated the 26th day of November, 1875, wherein the defendants contracted with the plaintiff and agreed to “ make for the party of the second part (the plaintiff), at the works of the said party of the first part (the defendant) at said Ilion, in a good, workmanlike manner, two hundred sets of…
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Appeal from a judgment, entered in Delaware county on the report of a referee, for $7,694.62 damages and $917.10 costs. The action was brought to recover damages upon a written contract, dated the 26th day of November, 1875, wherein the defendants contracted with the plaintiff and agreed to “ make for the party of the second part (the plaintiff), at the works of the said party of the first part (the defendant) at said Ilion, in a good, workmanlike manner, two hundred sets of milk coolers, patented June 29, 1875, and the right to manufacture, which in the State of New York now belongs to the…
1Opinion of the Court
Hardin, P. J.: •
In Cary v. Gruman (4 Hill, 625) it was held that “ a warranty on the sale of a chattel is in legal effect a promise that the subject of sale corresponds with the warranty in title, soundness or other quality to which it relates. * * * It naturally follows that if the subject prove defective within the meaning of the warranty the stipulation can be satisfied in no other way than by making it good. That cannot be done except by paying to the vendee such sum as together with the cash value of the defective article shall amount to what it would have been worth if the defect had…
2Cases cited6 opinions
- Glacius v. . BlackNew York Court of Appeals · 1872
- Gurney v. Atlantic & Great Western Railway Co.New York Court of Appeals · 1874
- Gaylord Manufacturing Co. v. . AllenNew York Court of Appeals · 1873
- Milburn v. BelloniNew York Supreme Court · 1861
- Comstock v. HutchinsonNew York Supreme Court · 1850
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