P. H. Sheehy Co. v. Eastern Importing & Mfg. Co.
Court of Appeals for the D.C. Circuit
Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia in an action on a contract, tbe judgment having been entered on motion of tbe plaintiff for want of a sufficient affidavit of defense.
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Hearing on an appeal by tbe defendant from a judgment of tbe Supreme Court of tbe District of Columbia in an action on a contract, tbe judgment having been entered on motion of tbe plaintiff for want of a sufficient affidavit of defense. Tbe Court in the opinion stated tbe facts as follows: November 14, 1914, tbe Eastern Importing & Manufacturing Company, as plaintiff, began an action in the supreme court of the District of Columbia against tbe P. H. Sheehy Company to recover tbe sum of eight hundred and forty dollars ($840). Tbe declaration was accompanied by an affidavit for judgment under…
1Opinion of the CourtChief Justice Shepard
The question in this case is when the statute of limitations began to run against defendant’s demand in set-off.
If from the date of sale and delivery, the set-off is barred. If it began to run only from the discovery of the condition of the sardines, or from such time as this condition could reasonably have been discovered as pleaded, the judgment must be reversed.
*110- The contention in support of the judgment below is that when property is sold with a warranty of soundness the cause of action for breach of that warranty occurs immediately upon the sale and delivery of the goods, and the statute…
2Cases cited6 opinions
- Lewey v. H. C. Fricke Coke Co.Supreme Court of Pennsylvania · 1895
- Shearer v. Park Nursery Co.California Supreme Court · 1894
- Felt v. Reynolds Rotary Fruit Evaporating Co.Michigan Supreme Court · 1884
- Allen v. ToddNew York Supreme Court · 1872
- Brackett v. MartensCalifornia Court of Appeal · 1906
1 more not listed; retrieve them via the Exa API.
3Cited by21 opinions
- Lively v. Flexible Packaging Ass'nDistrict of Columbia Court of Appeals · 2003
- Maytrude Jones, Administratrix of Estate of Alexander L. Jones, Dec., Maytrude Jones v. Rogers Memorial HospitalCourt of Appeals for the D.C. Circuit · 1971
- William J. Davis, Inc. v. YoungDistrict of Columbia Court of Appeals · 1980
- William J. Emmett, Administrator of the Estate of Joseph N. Emmett v. Eastern Dispensary and Casualty HospitalCourt of Appeals for the D.C. Circuit · 1967
- Southern California Enterprises, Inc. v. D. N. & E. Walter & Co.California Court of Appeal · 1947
16 more not listed; retrieve them via the Exa API.