Hafner v. McCaffrey
Appellate Terms of the Supreme Court of New York
. Appeal by the plaintiff from a judgment of the justice of the Eighth District -Court in favor of the defendant,.
1Opinion of the Court
'Daly, P, J.
The action was to recover $150 damages for breach of warranty upon the sale of a pony. The warranty is as follows: *139“ This is to certify that I guarantee and warrant the white pony to he gentle and kind and sound and safe for children to ride or drive. If returned to me in sound condition I will give within $35 of the purchase price, $110, including wagon and harness and pony. James F. McCaffrey, per Benj. McCaffrey.”
The sale of the pony was on June 26, 1896, and he was taken on the next day or the day following to Patchogue, Long Island. He was - balky and sulky, when taken from…
2Cases cited2 opinions
- Fuchs v. MorrisNew York Supreme Court · 1894
- Hall v. ColyerNew York Supreme Court · 1890