Swank v. Battaglia
Oregon Supreme Court
From Multnomah: George N. Davis, Judge. Action by W. I. Swank against A. Battaglia, in which plaintiff obtained a judgment and defendant appeals. Reversed. Judgment rendered. In Banc. Statement by Mr. Chief Justice McBride. This is an action to recover the purchase price of 100 sacks of potatoes sold to the defendant at the agreed price of $1.13 a sack.
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From Multnomah: George N. Davis, Judge. Action by W. I. Swank against A. Battaglia, in which plaintiff obtained a judgment and defendant appeals. Reversed. Judgment rendered. In Banc. Statement by Mr. Chief Justice McBride. This is an action to recover the purchase price of 100 sacks of potatoes sold to the defendant at the agreed price of $1.13 a sack. The answer admits the sale and delivery of the goods, but alleges that both the plaintiff and defendant are dealers engaged in selling fruit and vegetables; that the potatoes were sold to defendant for the purpose of resale as food to the…
1Opinion of the Court
Opinion by
Mr. Chief Justice McBride.
There is but one question in this case, namely, whether there is any implied warranty of the quality of the goods sold under the circumstances disclosed here, no actual warranty being pleaded or proved. So far as the quality of goods purchased is concerned the rule of caveat emptor usually applies, unless there is deceit or misrepresentation, which is not the case here. The external appearance of the potatoes indicated soundness and good quality. It was only when they were sliced for cooking that the defect became visible, and there is nothing in the…
2Cases cited13 opinions
- Wiedeman v. KellerIllinois Supreme Court · 1897
- French v. ViningMassachusetts Supreme Judicial Court · 1869
- Howard v. EmersonMassachusetts Supreme Judicial Court · 1872
- Morse v. Union Stock Yard Co.Oregon Supreme Court · 1891
- Giroux v. StedmaxMassachusetts Supreme Judicial Court · 1888
8 more not listed; retrieve them via the Exa API.
3Cited by3 opinions
- Pelletier v. DupontSupreme Judicial Court of Maine · 1925
- People v. SchwartzCalifornia Court of Appeal · 1937
- FRONTIER RECOVERY, LLC v. Lane CountyDistrict Court, D. Oregon · 2010