Legal Opinion
Shampine v. Fleming
Appellate Division of the Supreme Court of the State of New York
Decided September 26, 1952PublishedCited by 2 opinions
1Opinion of the CourtBergan, J.
The action is for breach of warranty on the sale to plaintiff by defendant of a “ Rototiller Tractor ”, which is a light, gasoline-powered machine used for plowing, harrowing, cutting and other similar work. The complaint pleads that plaintiff bought the machine in July, 1948, “ for light ploughing and other uses ’ ’ and that at the time of purchase plaintiff made known to defendant “ the particular purposes ” for which he wanted the machine; that defendant warranted the machine to be fit ‘6 for said purposes ”; that plaintiff “ relied upon said warranty ”; that the machine “ proved to be…
2Cases cited6 opinions
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Lumbrazo v. WoodruffNew York Court of Appeals · 1931
- Kelvinator Sales Corp. v. Quabbin Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1931
- Bencoe Exporting & Importing Co. v. McGraw Tire & Rubber Co.Appellate Division of the Supreme Court of the State of New York · 1925
- Sayeg v. Gloria Light Co.Appellate Division of the Supreme Court of the State of New York · 1932
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Malul v. Capital Cabinets, Inc.Civil Court of the City of New York · 2002
- Broderick Haulage, Inc. v. MacK-international Motor Truck Corp.Appellate Division of the Supreme Court of the State of New York · 1956