Crist v. Turner
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Arthur H. Crist, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Otsego on the 20th day of March, 1916, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 15th day of March, 1916, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Cochrane, J.:
This is an action on a promissory note given in part payment of an automobile sold by the plaintiff to the defendant. The defendant alleges a counterclaim based on an alleged breach of warranty by the plaintiff on such sale. The plaintiff was in the business of selling automobiles and the sale and alleged warranty were made by his agent at his place of business. An order for the automobile was signed by defendant and the agent on a blank form properly filled out, which form was one of those in use by the plaintiff. At the bottom of the order was the following: “All cars, tires…
2Cases cited2 opinions
- Smith v. . TracyNew York Court of Appeals · 1867
- Wait v. . BorneNew York Court of Appeals · 1890
3Cited by2 opinions
- First National Bank v. FarsonNew York Court of Appeals · 1919
- W. & S. Job & Co. v. Heidritter Lumber Co.Court of Appeals for the Second Circuit · 1918