Coleman v. Simpson, Hendee & Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, John D. Coleman, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Dutchess on the 11th day of December, 1913, upon a dismissal of the complaint by direction of the court at the close of plaintiff’s case.
1Opinion of the Court
Jenks, P. J.:
This action is brought by a feed merchant to recover damages for a breach of warranty in the sale of a carload of oats. The alleged contract was oral.
The rule whether an affirmation may be held as an express *336warranty is stated admirably in Benjamin on Sales (7th ed. p. 612) as follows: “And in determining whether it was so intended, a decisive test is, whether the vendor assumes to assert a fact of which the buyer is ignorant, or merely states an opinion or judgment upon a matter of which the vendor has no special knowledge, and on which the buyer may be expected also to have an…
2Cases cited4 opinions
- Van Wyck v. . AllenNew York Court of Appeals · 1877
- Prentice v. FargoAppellate Division of the Supreme Court of the State of New York · 1900
- Prentice v. . FargoNew York Court of Appeals · 1903
- Van Wyck v. AllenNew York Court of Common Pleas · 1876
3Cited by1 opinion
- Coleman v. Simpson, Hendee & Co.Appellate Division of the Supreme Court of the State of New York · 1915