Hooper v. . Story
New York Court of Appeals
Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered July 25, 1894, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The conclusions* of law of the referee are not sustained in one single particular by the findings of fact.
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Appeal from a judgment of the late General Term of the Supreme Court in the fifth judicial department, entered July 25, 1894, affirming a judgment in favor of plaintiffs entered upon the report of a referee. The nature of the action and the facts, so far as material, are stated in the opinion. The conclusions* of law of the referee are not sustained in one single particular by the findings of fact. (Stoddard v. Whiting, 46 N. Y. 627; R. L. Co. v. S. & P. P. Co., 135 N. Y. 209.) The decision of the General Term affirming the judgment of the referee was erroneous, and was made upon an imperfect…
1Opinion of the CourtGray, J.
This action was brought to recover the purchase price of a varnishing machine, made by the plaintiffs for, and delivered to, the defendants. The defendants, in their answer, .allege a warranty and representation on the part of the plaintiffs "with respect to the- machine and set up a counterclaim for damages resulting from the failure of the machine to conform to the warranty. The alleged warranty was that the machine should be of a capacity sufficient to varnish 10,000 sheets of labels or advertisements per day and that it should be complete in all its parts, and be made in a good,…
2Cases cited2 opinions
- Muller v. . EnoNew York Court of Appeals · 1856
- Parks v. . Morris Ax and Tool Co.New York Court of Appeals · 1874
3Cited by20 opinions
- Spaulding Mfg. Co. v. HolidaySupreme Court of Oklahoma · 1912
- Hawkins v. McGeeSupreme Court of New Hampshire · 1929
- Getz v. FreedSupreme Court of Pennsylvania · 1954
- American Elastics, Inc. v. United StatesCourt of Appeals for the Second Circuit · 1951
- Sanderson v. Trump Manufacturing Co.Indiana Supreme Court · 1913
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