Legal Opinion

Plimpton v. . Brown Brothers Company

New York Court of Appeals

Decided December 3, 1918PublishedCited by 7 opinions

Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 25, 1916, affirming -a judgment in favor of plaintiff for an amount less than that demanded in the complaint entered upon a verdict directed by the court. The action was to recover damages alleged to have been sustained by plaintiff as the result of the failure of certain fruit trees, purchased by him of the defendant, to prove true to name.

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Appeal from a judgment of the Appellate Division of the Supreme Court in the fourth judicial department, entered January 25, 1916, affirming -a judgment in favor of plaintiff for an amount less than that demanded in the complaint entered upon a verdict directed by the court. The action was to recover damages alleged to have been sustained by plaintiff as the result of the failure of certain fruit trees, purchased by him of the defendant, to prove true to name. The contract under which the trees were purchased contained this provision, “ Any stock which does not prove true to name, as labeled,…

1Opinion of the Court

Judgment affirmed, with costs; no opinion

Concur: His cock, Ch. J., Chase, Collin, Cuddeback, Hogan, McLaughlin and Crane, JJ.

2Cited by7 opinions

  1. Lumbrazo v. WoodruffNew York Court of Appeals · 1931
  2. Pipe Welding Supply Co. Inc. v. Gas Atmospheres, Inc.District Court, N.D. Ohio · 1961
  3. Tharp v. Allis-Chalmers Mfg. Co.New Mexico Supreme Court · 1938
  4. Lee v. Industrial Laundry Machinery Co.Appellate Division of the Supreme Court of the State of New York · 1941
  5. Moore v. Schlossman's, Inc.City of New York Municipal Court · 1957

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