Dahlstrom v. Gemunder
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Carl A. Dahlstrom, from a judgment of the Supreme Court in favor of the defendants, entered in the office of the clerk of the county of New York on the 17th day of April, 1909, pursuant to an order entered in said clerk’s office on the 16th day of April, 1909, dismissing the complaint, and also from the said order upon which the judgment appealed from was entered.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for the breach of a warranty. The complaint charges, in substance, that the plaintiff was desirous of purchasing a Stradivarius violin; that the genuineness of such kinds of violins can only be determined upon inspection by persons having special knowledge on Ihe subject; the plaintiff *70did not have such knowledge; that defendants did, and he applied to. them for the purpose of procuring ope; that they informed him they did not have one on- hand, but would endeavor to get one for him; that, subsequently they sent for the plaintifE -and…
2Cases cited1 opinion
- Empire Manufacturing Co. v. MoersAppellate Division of the Supreme Court of the State of New York · 1898
3Cited by3 opinions
- Wisconsin State AFL-CIO v. Elections BoardDistrict Court, E.D. Wisconsin · 1982
- Bassett v. PerkinsNew York Supreme Court · 1909
- WISCONSIN STATE AFL-CIO v. Elections Bd.District Court, E.D. Wisconsin · 1982