Legal Opinion
Turner v. Edison Storage Battery Co.
New York Court of Appeals
Decided May 1, 1928PublishedCited by 40 opinions
1Opinion of the CourtPound, J.
The complaint alleges that the defendant is a manufacturer of storage batteries and that plaintiff purchased from the Fisher Hardware Company a battery manufactured by the defendant. Plaintiff attempts to state two causes of action against the defendant, one in negligence (MacPherson v. Buick Motor Co., 217 N. Y. 382) and one for breach of warranty. In pleading the second cause of action he alleges that defendant warranted the battery to be safe, that he relied on the warranty, and that injury was sustained by breach of warranty. Warranty is an incident of a sale. (Levis v. Pope Motor Car…
2Cases cited7 opinions
- MacPherson v. . Buick Motor Co.New York Court of Appeals · 1916
- Jacobus v. . ColgateNew York Court of Appeals · 1916
- International Products Co. v. Erie R.R. Co.New York Court of Appeals · 1927
- Chysky v. . Drake Brothers Co.New York Court of Appeals · 1923
- Clark v. . WestNew York Court of Appeals · 1908
2 more not listed; retrieve them via the Exa API.
3Cited by40 opinions
- Codling v. PagliaNew York Court of Appeals · 1973
- Campo v. ScofieldNew York Court of Appeals · 1950
- Randy Knitwear, Inc. v. American Cyanamid Co.New York Court of Appeals · 1962
- Greco v. S. S. Kresge Co.New York Court of Appeals · 1938
- Morrow v. Caloric Appliance CorporationSupreme Court of Missouri · 1963
35 more not listed; retrieve them via the Exa API.