Wolcott, Johnson & Co. v. Mount
Supreme Court of New Jersey
On error to the Supreme Court.
1Opinion of the Court
*497The opinion of the court was delivered by
Beasley, Chief Justice.
The plaintiffs in error sold to the defendant in error certain seed as and for “ early strap-leaf red-top turnip seed.” The seed, being planted, turned out to be of a different kind, so that the defendant lost his crop. It was shown in the case that the plaintiffs in error believed, at the time of the sale, that the seed was of the kind which the defendant sought to purchase. The defendant in error brought his suit before a justice, on the ground that the sale to him, under these conditions, comprised a warranty. The decision was…
2Cases cited4 opinions
- Griffin v. . ColverNew York Court of Appeals · 1858
- Messmore v. New York Shot & Lead Co.New York Court of Appeals · 1869
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Davis v. TalcottNew York Supreme Court · 1853
3Cited by13 opinions
- Sandler v. Lawn-A-Mat Chem. & Equip. Corp.New Jersey Superior Court Appellate Division · 1976
- Grillo v. Bd. of Realtors of Plainfield AreaNew Jersey Superior Court Appellate Division · 1966
- Associated Metals, Etc., Corp. v. Dixon ChemicalNew Jersey Superior Court Appellate Division · 1964
- Budden v. GoldsteinNew Jersey Superior Court Appellate Division · 1957
- Jaclyn, Inc. v. Edison Brothers Stores, Inc.New Jersey Superior Court Appellate Division · 1979
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