Lestershire Lumber & Box Co. v. W. M. Ritter Lumber Co.
Court of Appeals for the Second Circuit
In Error to the Circuit Court of the United States for the Northern District of New York. The case comes here upon the pleadings and the report and opinion of the referee to whom the issues were referred by stipulation of the parties.
1Opinion of the Court
COXE, Circuit Judge.
After a careful examination of the report and able and comprehensive opinion of the referee we see no reason to disturb his conclusions of law.
The only question which we regard as at all doubtful is that presented by the second and third assignments of error, namely, whether or *574■not the referee erred in'finding that the provision of the contract, “It ■is understood that this stock will be dry and in condition to work on arrival” was a sale by words of description only, not constituting an express warranty, there being in no event a warranty which survived the acceptance of…
2Cases cited4 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Studer v. . BleisteinNew York Court of Appeals · 1889
- Waeber v. . TalbotNew York Court of Appeals · 1901
- Gentilli v. . StaraceNew York Court of Appeals · 1892
3Cited by3 opinions
- North Alaska Salmon Co. v. Hobbs, Wall & Co.California Supreme Court · 1911
- Chesapeake & Ohio Ry. Co. v. Pittsburg Steel Foundry Co.Ohio Court of Appeals · 1926
- W. M. Ritter Lumber Co. v. Lestershire Lumber & Box Co.Court of Appeals for the Second Circuit · 1907