Bodger v. Hills
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Second District. Action by Elias Bodger against William Hills, Jr. Erom a judgment for plaintiff, defendant appeals.
1Opinion of the CourtGiegerich, J.
The plaintiff, a jobber in dried fruit, purchased 150 bags of walnuts from the defendant, an importer of nuts and dried fruit, and paid $50 on account of the purchase. Eater he took delivery of 70 bags and paid a further sum of $700. The agreed price of the 70 bags was $578.73. The plaintiff claimed that the nuts were sold by sample, with an express warranty that they were equal to sample. The defendant denied this, claiming that the plaintiff had drawn samples from the bags, which were at the place where the sale was made and were open to his inspection, and that there were no…
2Cases cited3 opinions
- Hargous v. . StoneNew York Court of Appeals · 1851
- Black v. DudleyAppellate Division of the Supreme Court of the State of New York · 1902
- Steinhardt v. PhelpsAppellate Terms of the Supreme Court of New York · 1900