Blakeman v. Mackay
New York Court of Common Pleas
Appeal by defendant from .a judgment of tbe Fifth District Court. This action was brought to recover damages for a breach of warranty on the sale of oysters. The defendant, besides denying the warranty, claimed to have acted in the sale as agent for the firm of Mackay, Skidmore & Cook. Judgment was rendered for the plaintiff, from which the defendant appealed. The principal question was, whether the facts proved showed a warranty.
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Appeal by defendant from .a judgment of tbe Fifth District Court. This action was brought to recover damages for a breach of warranty on the sale of oysters. The defendant, besides denying the warranty, claimed to have acted in the sale as agent for the firm of Mackay, Skidmore & Cook. Judgment was rendered for the plaintiff, from which the defendant appealed. The principal question was, whether the facts proved showed a warranty. The facts are sufficiently stated in the opinion of the court. I. There is no evidence in this case to sustain an action as for a false representation ; because…
1Opinion of the Court
Beady, J. —
The proof in this case establishes a warranty of the soundness of the oysters. The respondent said, during the negotiation for the purchase, “If the oysters were not good h^ did not want them,” to which the appellant answered, that “ he cut holes in the ice, and took them out fresh;” and the respondent then said he did not want them if they were not fresh. No principle is better established than that, to constitute a warranty, it is not necessary that express words of warranty should be used. Chapman v. Murch, 19 John. 290 ; Swett v. Colgate, 20 J. R. 203 ; Oneida Man'g Society v.…
2Cases cited4 opinions
- Chapman v. MurchNew York Supreme Court · 1822
- Oneieda Manufacturing Society v. LawrenceNew York Supreme Court · 1825
- Duffee v. MasonCourt for the Trial of Impeachments and Correction of Errors · 1827
- Roberts v. MorganNew York Supreme Court · 1823
3Cited by2 opinions
- Murray v. SmithNew York Court of Common Pleas · 1872
- American Writing Mach. Co. v. BushnellNew York Court of Common Pleas · 1894