Egbert v. Hanford Produce Co.
Appellate Division of the Supreme Court of the State of New York
Appeal by the defendant, The Hanford Produce Company, from a judgment of the Supreme Court in favor of the plaintiffs, entered in the office of the clerk of the county of Hew York on the 11th day of May, 1903, upon the verdict of a jury, and also from an order entered in said clerk’s office on the 13th day of May, 1903, denying the defendant’s motion for a new trial made upon the minutes.
1Opinion of the Court
McLaughlin, J.:
This action was brought to recover damages for an alleged breach of warranty in" the sale and delivery by defendant to the plaintiffs of a quantity of eggs. <
The material allegations of the complaint upon which a recovery was sought were that the. defendant, an Iowa corporation, on or about the 20th of April, 1899, offered to sell to the plaintiffs for $9,000 five carloads of eggs,' which it warranted to be selected storage eggs, a quality known to the trade as storage firsts; that the plaintiffs, relying upon this, warranty and believing the same to be true, purchased five…
2Cases cited3 opinions
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- White v. . MillerNew York Court of Appeals · 1877
- Pierson v. . CrooksNew York Court of Appeals · 1889
3Cited by3 opinions
- A. O. Andersen Trading Co. v. BrodyAppellate Division of the Supreme Court of the State of New York · 1920
- Pease Oil Co. v. Monroe County Oil Co.New York Supreme Court · 1912
- J. A. Kirsch & Co. v. BenyunesNew York Supreme Court · 1919