Long v. Pruyn
Michigan Supreme Court
Error to Kent; Perkins, J. Assumpsit by Peter D. Long against John Pruyn for breach of warranty on a sale of fruit trees. From a judgment for plaintiff, defendant brings error.
1Opinion of the CourtHooker, J.
The plaintiff, a far’mer, bought peach and apple trees from the defendant, and set them upon his farm. This action is brought to recover damages arising from the delivery of trees of different variety and inferior quality to those contracted for. From a verdict of $9?5 in favor of the plaintiff, the defendant has appealed.
Among the trees contracted for were 25 Fox Seedlings and 50 Canada Reds. The testimony showed that the former were represented to “bear a large white, bright peach, good sellers,” but that, although Fox Seedlings were delivered, they did not bear such, but bore an inferior…
2Cases cited6 opinions
- Carter v. CarterMichigan Supreme Court · 1877
- Stone v. CovellMichigan Supreme Court · 1874
- Angell v. PruynMichigan Supreme Court · 1901
- City of Detroit v. RobinsonMichigan Supreme Court · 1892
- Enright v. HartsigMichigan Supreme Court · 1881
1 more not listed; retrieve them via the Exa API.
3Cited by2 opinions
- Grisinger v. HubbardIdaho Supreme Court · 1912
- Plantenga v. Grand Rapids Terminal Railway Co.Michigan Supreme Court · 1916