Greenthal v. Schneider
New York Court of Common Pleas
Appeal from a judgment of the seventh district court, entered on the verdict of a jury. „ This action was brought to recover the contract-price of a large quantity of butter sold and delivered by the plaintiff to the defendant. The latter, who is by occupation a cake baker, among other defenses set up a breach of contract and a breach of warranty.
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Appeal from a judgment of the seventh district court, entered on the verdict of a jury. „ This action was brought to recover the contract-price of a large quantity of butter sold and delivered by the plaintiff to the defendant. The latter, who is by occupation a cake baker, among other defenses set up a breach of contract and a breach of warranty. He claimed that the butter delivered to him was of such an inferior quality as to spoil the cakes on the several occasions when he used it in their composition, by reason of which he sustained damages to the amount of $250. On the trial it was…
1Opinion of the CourtLoew, J.
— Where the contract for the sale and delivery of goods, wares and merchandise is executory and there is no express warranty, the vendee must examine the article furnished as soon after he has accepted the same as practicable, and in case it does not correspond with the contract he must immediately return or offer to return it to the vendor, or at least notify him of the defects; and if he fails to do so he will be presumed to have accepted it in full performance of the contract, and waives any claim for damages he may have by reason of the breach (Reed agt. Randall, 29 N. Y., 358).
In the…
2Cases cited2 opinions
- Reed v. . RandallNew York Court of Appeals · 1864
- Milburn v. BelloniNew York Supreme Court · 1861
3Cited by1 opinion
- Brackett v. MartensCalifornia Court of Appeal · 1906