Ellner v. Priestley
City of New York Municipal Court
Appeal from a judgment, entered upon a verdict of a jury, in favor of the plaintiff, and from an order denying a motion for a new trial.
1Opinion of the CourtSeabury, J.
This action was brought to recover damages for a breach of an alleged express warranty. The complaint alleges that the defendants sold certain goods to the plaintiff upon the representation and warranty by the defendants that the goods, which were known as “ Zebeline,” were “ all wool.” The defendants admit the sale of the goods, but deny that the cloth was sold upon any representation or warranty by them as to its quality. The goods were sold to the plaintiff through a traveling salesman in the employ of the defendants. Upon the trial it was proved, over the exception of the defendants, that…
Also in this document: Concurrence.
2Cases cited3 opinions
- Wait v. . BorneNew York Court of Appeals · 1890
- Cafre v. LockwoodAppellate Division of the Supreme Court of the State of New York · 1897
- Reynolds v. Mayor, Lane & Co.Appellate Division of the Supreme Court of the State of New York · 1899
3Cited by2 opinions
- International Harvester Co. v. LawyerSupreme Court of Oklahoma · 1916
- McKeige v. CarrollAppellate Division of the Supreme Court of the State of New York · 1907