J. Aron & Co. v. Sills

Finch, J.:

The action was brought to recover damages for breach of an alleged warranty of quality of certain condensed milk sold by the defendants to the plaintiff for export to France. Upon arrival in France the greater portion of the milk was found to be unfit for human consumption, and was rejected there by those to whom the plaintiff had resold it. The plaintiff relied upon an implied warranty that the milk would be fit for human consumption. At the trial the plaintiff withdrew its first and second causes of action and sought to recover only on the third and fourth. In both latter causes…