Van Wyck v. Allen
New York Court of Common Pleas
Appeal by defendants from a judgment of this court, entered on the verdict of a jury, after a trial before Judge Robihsoh. The action was brought to recover damages for a breach of warranty by the defendants, on a sale by them of one abd a half pounds of cabbage seed (for the price of nine dollars), which they had represented and warranted to be the Yan Wycklen early flat Dutch cabbage seed.
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Appeal by defendants from a judgment of this court, entered on the verdict of a jury, after a trial before Judge Robihsoh. The action was brought to recover damages for a breach of warranty by the defendants, on a sale by them of one abd a half pounds of cabbage seed (for the price of nine dollars), which they had represented and warranted to be the Yan Wycklen early flat Dutch cabbage seed. It was alleged in the complaint, and proved on the trial, the plaintiff was a farmer on Long Island, and bought the seed for the purpose of planting it and raising a crop of cabbages, and that this fact…
1Opinion of the Court
Charles P. Daly, Chief Justice.
The judge left it to the jury to say whether the defendants sold to the plaintiff “ flat Dutch cabbage seed raised by Yan Wycklen on Long Island.” This was the main question in the. case. It was upon the evidence a question for the jury, and their finding upon it is conclusive. If the defendants sold it as seed of that variety, flat Dutch cabbage seed raised by Yan Wycklen ©n Long Island, it amounted to a warranty that it was not only seed of that variety, but that it had been raised by Yan Wycklen on Long Island •(Allan v. Lake, 18 Ad. & El. N. S. 560, 565 ;…
2Cases cited6 opinions
- Passinger v. . ThorburnNew York Court of Appeals · 1866
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Mason v. ChappellSupreme Court of Virginia · 1860
- Powell v. TrusteesNew York Supreme Court · 1822
- Getty v. RountreeWisconsin Supreme Court · 1850
1 more not listed; retrieve them via the Exa API.
3Cited by1 opinion
- Coleman v. Simpson, Hendee & Co.Appellate Division of the Supreme Court of the State of New York · 1914