Zielinski v. Potter
Michigan Supreme Court
Error to Bay; Collins, J. Assumpsit in justice’s court by William J. Zielinski against James Potter for the price of a cow. From a judgment for plaintiff, defendant appealed to the circuit court. Judgment for defendant. Plaintiff brings error. The plaintiff is a wholesale and retail meat dealer in the city of Bay City, and the defendant is a farmer and milk dealer living on the outskirts of that city.
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Error to Bay; Collins, J. Assumpsit in justice’s court by William J. Zielinski against James Potter for the price of a cow. From a judgment for plaintiff, defendant appealed to the circuit court. Judgment for defendant. Plaintiff brings error. The plaintiff is a wholesale and retail meat dealer in the city of Bay City, and the defendant is a farmer and milk dealer living on the outskirts of that city. In the year 1914 the defendant entered into negotiations with one Mike Golombeck, who was in the employ of the plaintiff, for the exchange of a cow and calf belonging to the plaintiff for a beef…
1Opinion of the CourtKuhn, C. J.
(after stating the facts). The learned trial judge submitted the case to the jury upon the theory that one who sells articles of food impliedly warrants such articles to be fit for the purpose for which they are sold, and, if it develops that such articles are not fit for food, the loss falls on the seller, and not on the purchaser.
An examination of the authorities shows that this doctrine of implied warranty does not apply to a situation such as is presented by this record. Where a purchaser by reason of his knowledge and occupation is in as good a position to judge as to the fitness of the *93a…
2Cases cited7 opinions
- Hoover v. PetersMichigan Supreme Court · 1869
- Howard v. EmersonMassachusetts Supreme Judicial Court · 1872
- Copas v. Anglo-American Provision Co.Michigan Supreme Court · 1889
- Cotton v. Reed, New York County Courts1898
- Baker v. KamantowskyMichigan Supreme Court · 1915
2 more not listed; retrieve them via the Exa API.
3Cited by5 opinions
- Friend v. Childs Dining Hall Co.Massachusetts Supreme Judicial Court · 1918
- Maryland Cas. Co. v. Independent Metal Products Co.Court of Appeals for the Eighth Circuit · 1953
- S. H. Kress & Co. v. FergusonCourt of Appeals of Texas · 1933
- Amos v. Walter N. Kelley Co.Michigan Supreme Court · 1927
- Ouzts v. MaloneyOhio Court of Appeals · 1951