Legal Opinion
Wilson Trading Corp. v. David Ferguson, Ltd.
New York Court of Appeals
Decided December 12, 1968PublishedCited by 100 opinions
1Opinion of the CourtJasejst, J.
TRe plaintiff, Wilson Trading Corporation, entered into a contract with the defendant, David Ferguson, Ltd., for the sale of a specified quantity of yarn. After the yarn was delivered, cut and knitted into sweaters, tRe Ru*401isbed product was washed- It was during this washing that it was discovered that the color of the yarn Rad “ shaded ”— that is,“ there was a variation in color from pioce to piece and wifbip tRe pieces-” This defect, the defendant claims, rendered tbe sweaters “ unmarketable ”.
This a°tion for the contract price of tbe yarn was commenced after tbe defendant refused payment.…
2Cases cited5 opinions
- Sinkoff Beverage Co. v. Jos. Schlitz Brewing Co.New York Supreme Court · 1966
- Kansas City Wholesale Grocery Co. v. Weber Packing Corp.Utah Supreme Court · 1937
- Torrance v. Durisol, Inc.Connecticut Superior Court · 1956
- Vandenberg v. SiterSuperior Court of Pennsylvania · 1964
- National Grocery Co. v. Pratt-Low Preserving Co.Washington Supreme Court · 1932
3Cited by100 opinions
- Jones v. DresselSupreme Court of Colorado · 1981
- Hauter v. ZogartsCalifornia Supreme Court · 1975
- Pludeman v. NORTHERN LEASINGNew York Court of Appeals · 2008
- Clark v. International Harvester Co.Idaho Supreme Court · 1978
- Equitable Lumber Corp. v. IPA Land Development Corp.New York Court of Appeals · 1976
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