Draper v. Sweet
New York Supreme Court
APPEAL, by the defendants, from a judgment of the county court of Onondaga county, affirming a judgment rendered by a justice of the peace. The facts appear in the opinion of the court.
1Opinion of the Court
By the Court,
Mullin, J.
This action was commenced in a justice’s court, to recover damages sustained by the plaintiffs by reason of a breach of warranty that certain steel purchased by the defendants of the plaintiffs was first-class steel, whereas it was in fact rotten— would not bear a proper temper to make it fit for use—■ it was fire cracked—would not adhere to iron—had no strength in it, and was, for these reasons, of no use to the plaintiffs.
The plaintiffs recovered, before the justice, $300 damages, and $15 costs.
To authorize this recovery, the court must have found the warranty alleged…
2Cases cited4 opinions
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Blanchard v. ElyNew York Supreme Court · 1839
- Milburn v. BelloniNew York Supreme Court · 1861
- Prentice v. DikeThe Superior Court of New York City · 1856
3Cited by3 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Bruce v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Isbell-Porter Co. v. HeinemanAppellate Division of the Supreme Court of the State of New York · 1906