Ralph B. Carter Co. v. Fischer
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by the Ralph B. Carter Company against Gustav Fischer. From a judgment for defendant, plaintiff appeals.
1Opinion of the CourtWhitney, J.
This is an action for a balance of purchase price of a pumping engine. The engine was accepted, but defendant counterclaimed for breach of warranty. The documentary evidence shows that it was sold with the knowledge that it was to be used in greenhouses, that it was “guaranteed to be capable of performing the work” for which it was sold, and that it “will answer your purposes in every particular.” The seller was the manufacturer. These statements constituted an express warranty, which survived the acceptance of the goods. Fairbank Canning Co. v. Metzger, 118 N. Y. 260, 23 N. E. 372, 16 Am.…
2Cases cited5 opinions
- Fairbank Canning Co. v. . MetzgerNew York Court of Appeals · 1890
- Bruce v. Fiss, Doerr & Carroll Horse Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Beeman v. . BantaNew York Court of Appeals · 1890
- Russell v. Corning Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
- Russell v. Corning Manufacturing Co.Appellate Division of the Supreme Court of the State of New York · 1900
3Cited by1 opinion
- Fulton v. CannoAppellate Division of the Supreme Court of the State of New York · 1914