Ferris v. Comstock, Ferre & Co.
Supreme Court of Connecticut
Action on the case for the breach of a warranty of a quantity of onion seed, sold by the defendants to the plaintiff, brought to the superior court for Fairfield county. Facts found and case reserved for advice. The case is sufficiently stated in the opinion.
1Opinion of the CourtPark, J.
The first question in order is, whether a fatal variance exists between the proof and the declaration in relation to the consideration of the contract of warranty.
The declaration states that “ the defendants sold and delivered to the plaintiffs sixteen pounds of onion seed for the price of sixteen- dollars, which the plaintiff then paid to the defendants, and in consideration of the premises the defendants on said sale promised the plaintiff that said onion seed was fresh and genuine, and of the product of the preceding year.” The court finds that the sum of eight dollars was agreed to be…
2Cited by10 opinions
- Jones v. GeorgeTexas Supreme Court · 1884
- Accumulator Co. v. Dubuque St. Ry. Co.Court of Appeals for the Eighth Circuit · 1894
- Springfield Milling Co. v. Barnard & Leas Manuf'g Co.Court of Appeals for the Eighth Circuit · 1897
- G. B. Shaw & Co. v. SmithSupreme Court of Kansas · 1891
- Swift & Co. v. RedheadSupreme Court of Iowa · 1909
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