Wilbur v. Cartright
New York Supreme Court
APPEAL from a judgment of a county court and an order denying a new trial. The action was brought in a justice’s court, to recover damages for a breach of warranty upon the sale of a quantity of wool, and a verdict was there recovered against the defendant. The defendant appealed to the county court, where the case was retried.
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APPEAL from a judgment of a county court and an order denying a new trial. The action was brought in a justice’s court, to recover damages for a breach of warranty upon the sale of a quantity of wool, and a verdict was there recovered against the defendant. The defendant appealed to the county court, where the case was retried. The wool was bought by the plaintiff's agent, of the defendant, who testified that the wool was in two or three sacks sewed up so that he could not see it, and from fifty to one hundred pounds of it tied up in blankets. He saw only that which was outside of the corners…
1Opinion of the Court
By the Court, Miller, J.
The rule of law is well settled, that no particular form of words is essential to constitute a warranty of quality, and any assertion of the vendor, concerning the articles sold, if it be relied upon by the vendee, and understood by both parties as an absolute assertion, and not merely an expression of opinion, will amount to a warrenty. (Sweet v. Bradley, 24 Barb. 549. Chapman v. Murch, 19 John. 290. Carley v. Wilkins, 6 Barb. 557.)
I think that in the case under consideration there was some evidence to establish that there was a warranty of the wool sold by the…
2Cases cited8 opinions
- Seixas v. WoodsNew York Supreme Court · 1804
- Swett v. ColgateNew York Supreme Court · 1822
- Chapman v. MurchNew York Supreme Court · 1822
- Welsh v. CarterNew York Supreme Court · 1828
- Carley v. WilkinsNew York Supreme Court · 1849
3 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Rust v. . EcklerNew York Court of Appeals · 1869
- Reynolds v. PalmerU.S. Circuit Court for the District of Western North Carolina · 1884
- American Writing Mach. Co. v. BushnellNew York Court of Common Pleas · 1894
- Brown v. BurhansNew York Supreme Court · 1875