O'Brien v. . Jones
New York Court of Appeals
Appeal from an order of the General Term of the Supreme Court of the city of Hew York, made December 30, 1880, sustaining exceptions ordered to be heard at first instance at General Term, and directing a new trial. The nature of the action and the material facts are stated in the opinion.
1Opinion of the CourtDanforts, J.
The action is for breach of warranty of title to personal property, and stands on these facts: In November, 1873, the defendant having in his possession certain “iron stills,” set in brick, undertook to dispose of them at public auction “ for cash on delivery.” The terms of sale provided that the articles should be taken down by the purchaser and weighed at his expense. They were struck off to Cassidy, who afterward transferred his interest under the bid to Carroll, and he paid the defendant, as on Cassidy’s purchase, $950. That sum was less than the bid and was received as partial payment.…
2Cases cited3 opinions
- Defreeze v. TrumperNew York Supreme Court · 1806
- Bordwell v. . CollieNew York Court of Appeals · 1871
- McGiffin v. . BairdNew York Court of Appeals · 1875
3Cited by13 opinions
- Rockwell v. YoungCourt of Appeals of Maryland · 1883
- Close v. CrosslandSupreme Court of Minnesota · 1891
- Johnson v. Oehmig & WiehlSupreme Court of Alabama · 1891
- Moore v. MaddockAppellate Division of the Supreme Court of the State of New York · 1928
- National Metal Edge Box Co. v. GothamAppellate Division of the Supreme Court of the State of New York · 1908
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