Charter Gas Engine Co. v. Kellam
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendants, Newton J. Kellam and another, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 16th day of November, 1901, upon the verdict of a jury rendered by direction of the court after a trial at the Schenectady Trial Term, and also from an order entered in said clerk’s office on the 8th day of November, 1901, denying the defendants’ motion for a new trial made upon the…
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Appeal by the defendants, Newton J. Kellam and another, from a. judgment of the Supreme Court in favor of the plaintiff, entered in the office of the clerk of the county of Schenectady on the 16th day of November, 1901, upon the verdict of a jury rendered by direction of the court after a trial at the Schenectady Trial Term, and also from an order entered in said clerk’s office on the 8th day of November, 1901, denying the defendants’ motion for a new trial made upon the minutes. The plaintiff is incorporated under the laws of the State of Illinois and doing business at Stirling in that State…
1Opinion of the Court
Smith, J.:
The trial court has apparently held that the only warranty contained in the plaintiff’s contract was a warranty that the engine was a thirty-five actual horse' power engine; and further held that if the contract be construed to contain a further warranty as to the qualities of the engine there is no proof sufficient to authorize the jury in holding that such further warranty was broken. The contract is contained practically in the letters of February twenty-third and twenty-sixth. Prior to the writing by the defendants of the letter of the twenty-third, .the plaintiff’s circular was…
2Cited by1 opinion
- Denivelle Co. v. Leonard Keil, Inc.New York Supreme Court · 1913