Gilmore v. Butts
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, Arthur M. Butts, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Delaware on the 12th day of November, 1920, on the verdict of a jury, and also from an order, entered in said clerk’s office on the 19th day of November, 1920-, denying defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
Van Kirk, J.:
The complaint states a cause of action for breach of warranty in the sale of an automobile truck. The plaintiffs rescinded the contract, returned the truck and seek to recover the purchase price paid. The court submitted the case to the jury as one for breach of warranty, express or implied, without objection on the part of the attorney for either party.
The plaintiffs are farmers;_ the defendant is a dealer in automobiles, automobile trucks and farm machinery, with his place of business in Oneonta, N. Y. One of the plaintiffs, William J. Gilmore, in April, 1920, went to the place…
2Cases cited2 opinions
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Washburn v. Rainier Co.Appellate Division of the Supreme Court of the State of New York · 1909
3Cited by1 opinion
- Fred W. Hoch Associates, Inc. v. Western Newspaper Union, Inc.New York Court of Appeals · 1955