Legal Opinion
Silvera v. Broadway Department Store, Inc.
District Court, S.D. California
Decided November 23, 1940No. 635-MPublishedCited by 5 opinions
1Opinion of the Court
NETERER, District Judge.
This is an action on contract to recover damages claimed by the plaintiff for breach of implied warranty on sale of a hat. Assuming implied warranty, the question arises, did the plaintiff give to the defendant sufficient timely notice after he knew, or should have known, of the breach of warranty, and within a reasonable time.
The applicable rule of law is Sec. 1769 of the Civil Code of California 1937, “acceptance does not bar action for damages. * * * But, if, after acceptance of the goods, the buyer fails to give notice to the seller of the breach of any promise or…
2Cases cited12 opinions
- American Mfg. Co. v. United States Shipping Board Emergency Fleet Corp.Court of Appeals for the Second Circuit · 1925
- Idzykowski v. Jordan Marsh Co.Massachusetts Supreme Judicial Court · 1932
- Nashua River Paper Co. v. LindsayMassachusetts Supreme Judicial Court · 1924
- Guthrie v. J. J. Newberry Co.Massachusetts Supreme Judicial Court · 1937
- Columbia Axle Co. v. American Automobile Ins. Co.Court of Appeals for the Sixth Circuit · 1933
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3Cited by5 opinions
- Eastern Air Lines, Inc., Plaintiff-Appellant-Cross v. McDonnell Douglas Corporation, Defendant-Appellee-CrossCourt of Appeals for the Fifth Circuit · 1976
- Eanes v. McKnightSupreme Court of Louisiana · 1972
- Sheild v. WelchSupreme Court of New Jersey · 1950
- Industrial Building Materials, Inc. v. Interchemical Corp.District Court, C.D. California · 1967
- Eanes v. McKnightSupreme Court of Louisiana · 1972