Koop v. Handy
New York Supreme Court
THIS was an action upon a warranty, charging that the defendants sold and delivered to the plaintiffs a quantity of divi divi hy sample, representing it to he “of as good quality as the sample,” and further representing that the “defendants warranted it so to he,” and averring “that the plaintiffs, believing such representations to be true, and relying upon the warranty of said defendants, purchased,” &c.; and alleging that the article was in fact “of an almost worthless…
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THIS was an action upon a warranty, charging that the defendants sold and delivered to the plaintiffs a quantity of divi divi hy sample, representing it to he “of as good quality as the sample,” and further representing that the “defendants warranted it so to he,” and averring “that the plaintiffs, believing such representations to be true, and relying upon the warranty of said defendants, purchased,” &c.; and alleging that the article was in fact “of an almost worthless quality,” and claiming the sum of $800 as damages. Upon the trial the plaintiffs called John L. Kahl, the broker through…
1Opinion of the Court
By the Court, Clerke, J.
I. For the present, let us assume that this is an action for the breach of a contract of warranty. The instrument, upon which it is founded, is in the following words:
New York, Deo. 30, 1869.
Sold Mr. G-. H. Koop, for account of Messrs. Handy & Everett, about 20 tons divi divi, at $45 cash per ton, to be put in bags and delivered as soon as possible.
John L. Kahl, broker,
78 Pine street, near Pearl.
The counsel for the plaintiffs called the broker, Mr. Kahl, as a witness at the trial. He testified, that he went to the office of the defendants in Burling slip, got from them…
2Cases cited3 opinions
- Boorman v. JenkinsNew York Supreme Court · 1834
- Filkins v. . WhylandNew York Court of Appeals · 1862
- Harris v. JohnstonSupreme Court of the United States · 1806
3Cited by6 opinions
- Sellar v. ClellandSupreme Court of Colorado · 1875
- Disbrow v. . HarrisNew York Court of Appeals · 1890
- State v. CassSupreme Court of New Jersey · 1889
- Van Alstyne v. SmithNew York Supreme Court · 1894
- Mast & Co. v. Pearce & CowanSupreme Court of Iowa · 1882
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