Williams v. National Fruit Exchange
Supreme Court of Connecticut
Action to recover damages growing out of an alleged breach of warranty in the sale of several carloads of grapes purchased by the plaintiff of the defendant National Fruit Exchange, and for a return of the purchase price paid by the plaintiff to the defendant Commercial National Bank, brought to the Superior Court in New Haven County, where successive demurrers, filed by the defendant bank to the complaint as amended from time to time, were sustained (Keeler, Warner and…
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Action to recover damages growing out of an alleged breach of warranty in the sale of several carloads of grapes purchased by the plaintiff of the defendant National Fruit Exchange, and for a return of the purchase price paid by the plaintiff to the defendant Commercial National Bank, brought to the Superior Court in New Haven County, where successive demurrers, filed by the defendant bank to the complaint as amended from time to time, were sustained (Keeler, Warner and Greene, Js.) and judgment rendered for that defendant, from which the plaintiff appealed.
1Opinion of the CourtGager, J.
This action is brought primarily to recover damages by a purchaser from the seller of unsound grapes. The complaint was several times demurred to and amended, and as finally amended was again demurred to, the demurrer was sustained, and judgment was rendered for the defendant Commercial National Bank of California. The allegations of fact are, therefore, to be taken as proved.
The plaintiff in New Haven bought of the defendant Fruit Exchange in California certain grapes to be shipped to New Haven, warranted sound, marketable, proper and suitable for use as food and for making wine. On their…
2Cases cited11 opinions
- Northrop's executors v. GravesSupreme Court of Connecticut · 1849
- Mason v. A. E. Nelson Cotton Co.Supreme Court of North Carolina · 1908
- Hoffman & Co. v. Bank of MilwaukeeSupreme Court of the United States · 1871
- Landa v. Lattin Bros.Court of Appeals of Texas · 1898
- Searles Bros. v. Smith Grain Co.Mississippi Supreme Court · 1902
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