Seitz v. Brewers' Refrigerating MacHine Co.
Supreme Court of the United States
ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK. The case was stated by the court as follows : This was an action brought by the Brewers’ Refrigerating Machine Company against Michael Seitz upon the following contract: . “This agreement, made this 11th day of January, a.d. 1879, between the Brewers’ Refrigerating Machine Company of Alexandria, Va., party of the first part, and Michael Seitz, of Brooklyn, N. Y., party of the second part,…
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ERROR TO THE CIRCUIT COURT OF THE UNITED STATES FOR THE EASTERN DISTRICT OF NEW YORK. The case was stated by the court as follows : This was an action brought by the Brewers’ Refrigerating Machine Company against Michael Seitz upon the following contract: . “This agreement, made this 11th day of January, a.d. 1879, between the Brewers’ Refrigerating Machine Company of Alexandria, Va., party of the first part, and Michael Seitz, of Brooklyn, N. Y., party of the second part, witnesseth: “ That the party of the first part hereby agrees and contracts to supply the party of the second part with a…
1Opinion of the CourtChief Justice Fuller
If the defence were solely that the defendant was - induced by false and fraudulent representations to enter into the contract in question, it is conceded that the Circuit Court did not. err in directing a verdict for the plaintiff, as there was no evidence of fraud in the case. • It is earnestly contended, however, that under the answer as amended, the defendant was-entitled to avail himself of the breach of an, alleged- contract of warranty or guaranty collateral to the contract of purchase and sale; or of an implied warranty that the machine should be reasonably fit to accomplish a certain…
2Cases cited8 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- The DelawareSupreme Court of the United States · 1872
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Wilson v. . DeenNew York Court of Appeals · 1878
- Martin v. ColeSupreme Court of the United States · 1881
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3Cited by310 opinions
- Gianni v. Russell Co., Inc.Supreme Court of Pennsylvania · 1924
- John H. Freeman, Jr., D/B/A Freeman Electric Gin Company v. Continental Gin CompanyCourt of Appeals for the Fifth Circuit · 1967
- Mitchill v. LathNew York Court of Appeals · 1928
- McGill Incorporated v. John Zink Company, McGill Incorporated, Cross-Appellant v. John Zink Company, Cross-AppelleeCourt of Appeals for the Federal Circuit · 1984
- The BarnstableSupreme Court of the United States · 1901
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