Kellogg v. Denslow
Supreme Court of Connecticut
This was an action of assumpsit upon the warranty of certain articles of machinery, sold by the defendant to the plaintiff. The declaration consisted of three counts.
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This was an action of assumpsit upon the warranty of certain articles of machinery, sold by the defendant to the plaintiff. The declaration consisted of three counts. In the first, the plaintiff alleged, that on the 10th of September, 1838, at East-Lyme in the county of New-London, the plaintiff was about to commence business as a manufacturer of satinet cloth, at his mill or factoiy in that town ; that he was then in want of certain additional machinery, for his said mill or factory, to enable him to carry on the business successfully and with profit, viz. one jack of 120 spindles, one…
1Opinion of the CourtSherman, J.
This is an action to recover damages for a breach of warranty, in the sale of an article of machinery, called a condenser, bought by the plaintiff of the defendant and alleged to be defective.
One ground on which the defence was rested, in the court below, was, that the plaintiff, on discovering the defects in the condenser, should have given the defendant notice of them, in a reasonable time ; and by neglecting to give such notice, had waived all objection on account of these defects, and was therefore barred of a recovery in this action.
This defence admits that the plaintiff has sustained…
2Cases cited6 opinions
- Thornton v. WynnSupreme Court of the United States · 1827
- Blackwell v. Patton & Irwin's LesseeSupreme Court of the United States · 1813
- Ferguson v. HarwoodSupreme Court of the United States · 1813
- Dean v. MasonSupreme Court of Connecticut · 1822
- Curley v. DeanSupreme Court of Connecticut · 1822
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3Cited by22 opinions
- Whalen v. GordonCourt of Appeals for the Eighth Circuit · 1899
- Boothby v. ScalesWisconsin Supreme Court · 1871
- Loomis v. Norman Printers Supply Co.Supreme Court of Connecticut · 1908
- Mallory v. LeachSupreme Court of Vermont · 1862
- Morse v. MooreSupreme Judicial Court of Maine · 1891
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