Van Wyck v. . Allen
New York Court of Appeals
Appeal from judgment of the General Term of the court of Common Pleas in and for the city and county of New York affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for an alleged breach of warranty made by defendants who were seedsmen in the city of New York, on sale to plaintiff who was a market gardener, of a quantity of cabbage seed.
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Appeal from judgment of the General Term of the court of Common Pleas in and for the city and county of New York affirming a judgment in favor of plaintiff entered upon a verdict. This action was brought to recover damages for an alleged breach of warranty made by defendants who were seedsmen in the city of New York, on sale to plaintiff who was a market gardener, of a quantity of cabbage seed. Plaintiff’s evidence tended to show that in the negotiation leading to the sale, defendants’ agent represented that they were only selling “ Van Wycklin’s flat Dutch, raised at New Lots, Long Island.”…
1Opinion of the CourtFolger, J.
This case turns upon the question whether the defendant so represented to the plaintiff that he had, and would sell to him, a kind of cabbage seed known as the early flat Dutch Van Wycklin cabbage seed, as that the defendant selling and the plaintiff buying, the law will charge the defendant with a warranty that the seed sold and delivered were of that kind.
It is substantially conceded that the article sold, though seed, and in likeness of that kind of cabbage seed, were in tact totally unproductive of cabbage.
The jury gave their verdict for the plaintiff. There was sufficient in the…
2Cases cited2 opinions
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Hawkins v. . PembertonNew York Court of Appeals · 1872
3Cited by27 opinions
- McClure v. . Central Trust Co.New York Court of Appeals · 1900
- Lumbrazo v. WoodruffNew York Court of Appeals · 1931
- E. P. Moorhead v. Minneapolis Seed Co.Supreme Court of Minnesota · 1917
- American Warehouse Co. v. RayCourt of Appeals of Texas · 1912
- Grisinger v. HubbardIdaho Supreme Court · 1912
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