R. Young Bros. Feed Co. v. Seymour
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, William Seymour, from a judgment of the County Court of Westchester county in favor of the. plaintiff, entered in the office of the clerk of said county on the 8th day of May, 1911, upon the verdict of a jury, and also from an order entered in said clerk’s office on the same day denying the defendant’s motion for .a new trial made upon the minutes.
1Opinion of the Court
Burr, J.:
Plaintiff sues to recover a balance remaining unpaid upon the contract price of a quantity of oats sold and delivered to defendant between May 4 and August 23, 1909. These oats were fed to defendant’s horses. Defendant pleads as a counterclaim a breach of an implied warranty that the oats were fit to be used for food, and that three of his horses died as a result of eating the same, and demands as damages the value of such horses. The jury found a verdict for plaintiff for the contract price of the oats, less the value of one horse. Defendant appeals, asserting that as the jury must…
2Cases cited2 opinions
- Waeber v. . TalbotNew York Court of Appeals · 1901
- Ferguson v. . NetterNew York Court of Appeals · 1912