Burns v. Baldwin-Doherty Co.

This action was for an alleged breach of warranty, as to quality, in negotiations leading to the sale of certain chemicals which, after being mixed by the vendor (now defendant), were delivered by direction of the vendee (present plaintiff) to his subvendee, to fertilize a potato crop.

In the declaration in the writ there are allegations of: (1) express warranty; (2) purchase in reliance thereon; (3) material .defects; (4) liability. An additional averment is that, on the sub-purchaser suing his vendor, (this plaintiff), claiming the fertilizer was not as represented on resale, the original…