Swift & Co. v. Aydlett

Staoy, C. <!.,

concurring in part:

1. The stipulation contained in the note deals with the question of the defendant’s liability and excludes all warranties as to the results from the use of the fertilizers, or otherwise, except the one implied by law and necessary to create a legal obligation when all other warranties are negatived, to wit, that the goods manufactured by plaintiff and sold to the defendant as fertilizers are fertilizers and fit to be used as such. DeWitt v. Berry, 134 U. S., 306; Furniture Co. v. Mfg. Co., 169 N. C., 41. It is not to be supposed, from the language employed,…