McNeil & Higgins Co. v. Czarnikow-Rienda Co.
District Court, S.D. New York
At Raw. Action by the McNeil & Higgins Company against the Czarnikow-Rienda Company. On demurrer to the complaint for insufficiency in law.
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At Raw. Action by the McNeil & Higgins Company against the Czarnikow-Rienda Company. On demurrer to the complaint for insufficiency in law. The first cause of action in the complaint alleges that the plaintiff bought and the defendant sold 5,000 hags of sugar “Eastern cane fine granulated * * * (Federal Sugar Refining Company brand)”; that the defendant “stated, represented, and warranted in said agreement” that the sugar would be as above described; that the plaintiff accepted and paid for such sugar, but that it “did not comply with said contract or said warranty and representations in that…
1Opinion of the Court
LEARNED HAND, District Judge.
The Sales of Goods Act (article 5 of the Personal Property Law of New York [Consol. Laws, c. 41]) does not change the general rule of the common law that sales of chattels prima facie are made caveat emptor (section 96). It does provide (section 93) that “any affirmation of fact or any promise by the seller relating to the goods is an express warranty,” when reasonably relied on, unless it concern their value or the seller’s opinion of them.
[ 1 ] Again, section 95 provides that, when there is a sale by description, there is an implied warranty that the goods shall…
2Cases cited3 opinions
- Dounce v. . DowNew York Court of Appeals · 1876
- Beck v. . SheldonNew York Court of Appeals · 1872
- Lindsborg Milling & Elevator Co. v. DanzeroMissouri Court of Appeals · 1915
3Cited by12 opinions
- Pabellon v. Grace Line, Inc. (Coston Supply Co., Third-And-Fourth-Party Defendants)Court of Appeals for the Second Circuit · 1951
- Botti v. Venice Grocery Co.Massachusetts Supreme Judicial Court · 1941
- Foley v. Liggett & Myers Tobacco Co.Appellate Terms of the Supreme Court of New York · 1930
- Dow Drug Co. v. NiemanOhio Court of Appeals · 1936
- Kelvinator Sales Corp. v. Quabbin Improvement Co.Appellate Division of the Supreme Court of the State of New York · 1931
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