Isaacs v. . Wanamaker
New York Court of Appeals
Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 5,1906, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material* are stated in the opinion.
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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered May 5,1906, affirming a judgment in favor of plaintiff entered upon the report of a referee. The nature of the action and the facts, so far as material* are stated in the opinion. Plaintiff’s recovery should be not for the return of th§ purchase price and full indemnification to him for what he paid for transportation, but for damages arising out of the alleged breach of warranty. (Osborn v. Gantz, 60 N. Y. 540 ; Muller v. Eno, 14 N. Y. 597; Vorhees v. Earl, 2 Hill, 288; Rust v.…
1Opinion of the CourtEdwabd T. Babtlett, J.
The referee found that on the 26th day of July, 1904, the defendant sold to the plaintiff a Searclnnont touring car with certain appurtenances; that at the time of the sale the plaintiff paid to defendant the entire purchase price of twelve hundred dollars; that the defendant made certain representations and statements to plaintiff in respect to the machine before the purchase thereof which constituted a warranty; that the defendant was guilty of a breach of the same, upon which the plaintiff relied, and that it subsequently proved to be untrue. It is further found that upon the discovery of…
2Cases cited2 opinions
- Muller v. . EnoNew York Court of Appeals · 1856
- Rust v. . EcklerNew York Court of Appeals · 1869
3Cited by6 opinions
- Lesin v. ShapiroAppellate Division of the Supreme Court of the State of New York · 1911
- Norwich Light Co. v. AmesAppellate Division of the Supreme Court of the State of New York · 1907
- Wolfsohn Bros. v. LanzitAppellate Division of the Supreme Court of the State of New York · 1910
- Brown v. Warwick, New York County Courts1913
- Mathes v. . McCarthyNew York Court of Appeals · 1909
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