Snell, Stag, & Co. v. I. Moses & Sons
New York Supreme Court
THIS was a special action on the case. The declaration, contained four counts. The first count charged, that in consideration that the plaintiffs, at the special instance and request of the defendants, would buy of them eight bales of a certain sort of India goods, called blue guineas at, and for the price of five dollars and fifty cents for every piece, the defendants undertook and promised to “ send or deli- “ ver to the plaintiffs, eight bales of blue guineas contain- “…
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THIS was a special action on the case. The declaration, contained four counts. The first count charged, that in consideration that the plaintiffs, at the special instance and request of the defendants, would buy of them eight bales of a certain sort of India goods, called blue guineas at, and for the price of five dollars and fifty cents for every piece, the defendants undertook and promised to “ send or deli- “ ver to the plaintiffs, eight bales of blue guineas contain- “ ing in the whole, twelve hundred pieces, and ' that 44 each and every of the said bales should contain blue 44guineas…
1Opinion of the CourtLivingston, J.
The only count in the declaration, to which the evidence is pretended to be applicable, is the third, to which, therefore, our examination will be confined. [Here he stated the averments contained in the third count.] If any sale of blue guineas be proved, there is no evidence either that they should be of the usual length and breadth, or of a cer- • tain value. It may well be doubted whether the first can be | implied; and if there were no warranty or fraud, and it I should appear that the bales had not been examined, but ( that both parties were equally ignorant of the length of the ^…
2Cited by10 opinions
- Oneieda Manufacturing Society v. LawrenceNew York Supreme Court · 1825
- Beirne and Burnside v. . DordNew York Court of Appeals · 1851
- Getty v. RountreeWisconsin Supreme Court · 1850
- Wolcott, Johnson & Co. v. MountSupreme Court of New Jersey · 1873
- Culver v. HaslamNew York Supreme Court · 1849
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