W. S. Rockwell Co. v. Lindquist Hardware Co.
Supreme Court of Connecticut
1Opinion of the CourtInglis, C. J.
The question determinative of this appeal is whether an action for breach of implied warranties of merchantable quality and fitness is premature if it is instituted before the vendee has sustained actual damage.
The complaint contains the following allegations: The plaintiff bought by description 100 feet of chain from the defendant, which dealt in goods of that nature. The plaintiff used a section of the chain as a counterweight chain to a lever operating the furnace door on an oven which it later sold in the regular course of its business to the Bullard Company. While the oven was being…
2Cases cited6 opinions
- Kennedy v. Johns-Manville Sales CorporationSupreme Court of Connecticut · 1948
- Liberty Mutual Insurance v. Sheila-Lynn, Inc.Appellate Terms of the Supreme Court of New York · 1945
- McEvoy v. City of WaterburySupreme Court of Connecticut · 1918
- Woodland Oil Co. v. A. M. Byers & Co.Supreme Court of Pennsylvania · 1909
- Liberty Mutual Insurance v. Sheila-Lynn, Inc.Appellate Division of the Supreme Court of the State of New York · 1946
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3Cited by11 opinions
- Tarzia v. Great Atlantic & Pacific Tea Co.Connecticut Appellate Court · 1999
- Rempe v. General Electric Co.Connecticut Superior Court · 1969
- State Ex Rel. Cummins Missouri Diesel Sales Corp. v. EversoleMissouri Court of Appeals · 1960
- Boains v. Lasar Manufacturing CompanyDistrict Court, D. Connecticut · 1971
- Brown v. MERROW MACHINE COMPANYDistrict Court, D. Connecticut · 1976
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