Legal Opinion

Draper v. Sweet

New York Supreme Court

Decided April 7, 1868PublishedCited by 3 opinions

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

  1. Passinger v. . ThorburnNew York Court of Appeals · 1866
  2. Blanchard v. ElyNew York Supreme Court · 1839
  3. Milburn v. BelloniNew York Supreme Court · 1861
  4. Prentice v. DikeThe Superior Court of New York City · 1856

3Cited by3 opinions

  1. Jones v. GeorgeTexas Supreme Court · 1884
  2. Bruce v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1900
  3. Isbell-Porter Co. v. HeinemanAppellate Division of the Supreme Court of the State of New York · 1906

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