Legal Opinion

Patrick v. Leach

Nebraska Supreme Court

Decided January 15, 1879PublishedCited by 9 opinions

Error from the district court for Douglas county. The opinion states the case. 1. To direct a jury simply that “any distinct assertion or affirmation of quality intended to cause the sale and operative thereto, implies a warranty,” without more definite explanation of the nature of the assertion or affirmation, is too broad. And the mischief was not counteracted by the previous general statement on the point of “ naked praise.”

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Error from the district court for Douglas county. The opinion states the case. 1. To direct a jury simply that “any distinct assertion or affirmation of quality intended to cause the sale and operative thereto, implies a warranty,” without more definite explanation of the nature of the assertion or affirmation, is too broad. And the mischief was not counteracted by the previous general statement on the point of “ naked praise.” Hart v. Wright, 17 "Wend., 267. Salisbury v. Stainer, 19 lb., 159. Byrne v. Jansen, 50 Cal., 624. Jackson v. Witherell, 7 S. & R., 480. MeFarlan v. Newman, 9 Watts,…

1Opinion of the Court

Maxwell, Ch. J.

On the twenty-sixth day of Eebruary, 1875, David W. Leach filed a petition in the district court of Douglas county, against Matthewson T. Patrick, wherein he alleges that on the eighteenth day of December, 1872, Patrick sold to him a large stock of hardware which was stored in a building in the city of Omaha; that Patrick presented to him an inventory of said goods and represented to him that they were first-class goods, and of the best quality, and that the stock was selected by an expert, employed by himself for that .purpose, out of a stock in New York City, of $200,000;…

2Cases cited1 opinion

  1. Clark v. TennantNebraska Supreme Court · 1877

3Cited by9 opinions

  1. Tobin v. Flynn & Larsen Implement Co.Nebraska Supreme Court · 1985
  2. Herman v. Bonanza Buildings, Inc.Nebraska Supreme Court · 1986
  3. Altschuler v. AlgazaNebraska Supreme Court · 1884
  4. Stevens v. CarsonNebraska Supreme Court · 1890
  5. Erskine v. SwansonNebraska Supreme Court · 1895

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