Morey v. Sealright Co.
New York Supreme Court
1Opinion of the CourtRichard D. Simons, J.
Defendant moves for an order dismissing the complaint of the plaintiffs for failure to state a cause of action.
The complaint alleges that prior to the 27th day of August, plaintiffs negotiated with the defendant and one of defendant’s distributors (Paper-Pak, Inc.) for the purchase of certain takeout container cups to be used in conjunction with a supply of covers owned by the plaintiffs at that time. The cups were manufactured by the defendant and delivered to the plaintiffs by Paper-Pak. Plaintiffs charge a breach of express and implied warranties by defendant with respect to the cups, that…
2Cases cited4 opinions
- Dunn v. . Uvalde Asphalt Paving Co.New York Court of Appeals · 1903
- American Home Assurance Co. v. BottoNew York Supreme Court · 1961
- Ganley v. KahnNew York Supreme Court · 1961
- Polstein v. SmithAppellate Division of the Supreme Court of the State of New York · 1934
3Cited by5 opinions
- Larson MacHine, Inc. v. WallaceSupreme Court of Arkansas · 1980
- Holzhauser v. Container Corp.District Court, W.D. Arkansas · 1982
- Larson MacHine, Inc. v. WallaceSupreme Court of Arkansas · 1980
- Slater v. American Mineral Spirits Co.New York Court of Appeals · 1974
- Slater v. American Mineral Spirits Co.New York Court of Appeals · 1974