Fairbank Canning Co. v. . Metzger
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made January 11, 188Y, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover the contract price of a car load of dressed beef.
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Appeal from judgment of the General Term of the Supreme-Court in the fourth judicial department, entered upon an order made January 11, 188Y, which affirmed a judgment in favor of plaintiff entered upon the report of a referee. This action was brought to recover the contract price of a car load of dressed beef. The answer averred, by way of counter-claim a warranty, that the meat should be clean, well-dressed, and in first class condition, not heated before being killed, and a breach thereof by reason of which defendant sustained damage. The following facts appeared : The plaintiff is a…
1Opinion of the Court
Parker J.
In the absence of a warranty as to quality and a breach, the defendant’s claim for damages could not have survived the use of the property. For in such case vendees are bound to rescind the contract and return, or offer to return, the goods. If they omit to do so, they will be conclusively presumed to have acquiesced in their quality. (Coplay Iron Company v. Pope, 108 N. Y. 232.) Therefore, if the referee was right in holding that there was no warranty as to quality, collateral to the contract of sale, we need not inquire further,' as the judgment must be affirmed. The referee has…
2Cases cited13 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Reed v. . RandallNew York Court of Appeals · 1864
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Day v. . PoolNew York Court of Appeals · 1873
- Hawkins v. . PembertonNew York Court of Appeals · 1872
8 more not listed; retrieve them via the Exa API.
3Cited by52 opinions
- Jacob E. Decker & Sons, Inc. v. CappsTexas Supreme Court · 1942
- Race v. . KrumNew York Court of Appeals · 1918
- Mull v. Colt Co.District Court, S.D. New York · 1962
- Greenberg v. LorenzNew York Court of Appeals · 1961
- Sevits v. McKiernan-Terry CorporationDistrict Court, S.D. New York · 1966
47 more not listed; retrieve them via the Exa API.