Day v. Pool
New York Court of Appeals
Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered upon an order of the court at circuit, nonsuiting plaintiffs. This action was brought to recover damages for an alleged breach of warranty in an executory contract for the sale and delivery of eighty barrels of rock-candy syrup. The facts sufficiently appear in the opinion.
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Appeal from judgment of the General Term of the Supreme Court in the fourth judicial department, affirming a judgment in favor of defendants, entered upon an order of the court at circuit, nonsuiting plaintiffs. This action was brought to recover damages for an alleged breach of warranty in an executory contract for the sale and delivery of eighty barrels of rock-candy syrup. The facts sufficiently appear in the opinion. Plaintiffs, after an opportunity for examination, having accepted the goods are bound by such action. (Reed v. Randall, 29 N. Y., 358; Beck v. Sheldon, 48 id., 365; McCormick…
1Opinion of the Court
- Beckham, J.
Action for damages for alleged breach of warranty upon a contract to sell and deliver to plaintiffs, at a future day, eighty barrels of rock-candy syrup. The contract of sale with warranty was proved, or sufficiently so for the jury, and the breach; but it also appeared in proof that the plaintiffs, after receiving the syrup, and discovering its failure to comply with the warranty, proceeded to use it in their business of wine manufacture, and neither returned nor offered to return it. Upon this ground the plaintiffs, on defendants’ motion, were nonsuited at the circuit. It…
2Cases cited6 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Thornton v. WynnSupreme Court of the United States · 1827
- Muller v. . EnoNew York Court of Appeals · 1856
- Foot v. . BentleyNew York Court of Appeals · 1870
- Neaffie v. HartNew York Supreme Court · 1871
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