Wright v. Hart
New York Supreme Court
[450] Error from the supreme court. Wright sued the defendants in error, in the superior court of the city of New-York, for breach of warranty in the sale of 315 barrels of flour. The declaration contained several counts, alleging that the flour was sold as good, sound, wholesome, merchantable, and of the first quality, and averring that it was not good, and that it was unsound, unwholesome, damaged, unmerchantable, and of inferior quality.
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[450] Error from the supreme court. Wright sued the defendants in error, in the superior court of the city of New-York, for breach of warranty in the sale of 315 barrels of flour. The declaration contained several counts, alleging that the flour was sold as good, sound, wholesome, merchantable, and of the first quality, and averring that it was not good, and that it was unsound, unwholesome, damaged, unmerchantable, and of inferior quality. The defendants pleaded non assumpsit. The flour was sold in November, 1833, at $5.81]- per barrel, being described in the sale note as “ E. S. B. flour…
1Opinion of the Court
After advisement, the following opinions were delivered:
By the Chancellor.
[453] In the case of Waring v. Mason, decided by this court at the present term, ante, p. 425,1 had occasion to refer to the difference between the common law and the civil law, in relation to implied warranties upon sales of personal property. It is only necessary, therefore, that I should refer to the rules of both, as there stated, so far as they have a bearing upon the question under consideration in this case. The rule of the civil law is caveat venditor, and therefore, if the seller wishes to secure himself from…
2Cases cited5 opinions
- Conner v. HendersonMassachusetts Supreme Judicial Court · 1818
- Seixas v. WoodsNew York Supreme Court · 1804
- Gallagher v. WaringNew York Supreme Court · 1832
- Beebee v. RobertNew York Supreme Court · 1834
- Welsh v. CarterNew York Supreme Court · 1828
3Cited by5 opinions
- Downer v. South Royalton BankSupreme Court of Vermont · 1866
- Watson v. Le RowNew York Supreme Court · 1849
- F. A. Drew Glass Co. v. BaldwinMissouri Court of Appeals · 1887
- Martin v. MaddoxSupreme Court of Missouri · 1857
- Wells v. ElyNew Jersey Court of Chancery · 1856