Jorgensen v. Gessell Pressed Brick Co.
Utah Supreme Court
Appeal from District Court, First District; Hon. W. W. Maughan, Judge. Action by Abraham Jorgensen against the Gessell Pressed Brick Company. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS.
Read the full summary
Appeal from District Court, First District; Hon. W. W. Maughan, Judge. Action by Abraham Jorgensen against the Gessell Pressed Brick Company. Judgment for plaintiff. Defendant appeals. APPELLANT’S POINTS. If the parties to a sale have equal opportunity to inspect the property and ascertain its character, kind and quality, no warranty arises from the use of descriptive words or a sample, which will survive acceptance, the natural inference under the circumstances being that the parties relied on their own observation and judgment. (Barnard v. Kellogg, 10 Wall. 383; Hyatt v. Boyle, 25 Am. Dec.…
1Opinion of the CourtFrick, J.
The respondent, Jorgensen, brought this action against the appellant, a corporation, to recover damages for -an alleged breach of warranty in the sale of brick. The appellant, in its answer, admitted the sale of a certain land and quantity of brick, denied the warranty, and counterclaimed to recover for an alleged balance due on the brick sold. A trial to the court without a jury resulted in findings and judgment in favor of respondent, and hence this appeal.
The findings, in substance, are: That in July, 1911, appellant was engaged in the business of manufacturing and selling brick at Logan,…
2Cases cited1 opinion
- Wall Rice Milling Co. v. Continental Supply Co.Utah Supreme Court · 1909
3Cited by4 opinions
- Nephi Processing Plant, Inc., a Corporation v. H. A. Talbott and Margaret TalbottCourt of Appeals for the Tenth Circuit · 1957
- Nielson v. HermansenUtah Supreme Court · 1946
- L. A. Lockwood, Jr., Inc. v. E. Gross & Co.Supreme Court of Connecticut · 1923
- G.S. Wood Mercantile Co., Reinc. v. DougallUtah Supreme Court · 1941