Spence v. Hutchinson

The opinion of the court was delivered by

Trenchard, J.

This is an appeal from a judgment entered in the Supreme Court upon a verdict in favor of plaintiff-respondent at the Burlington Circuit.

The action was brought to recover damages arising out of a sale by the defendant to the plaintiff of one hundred bags of seed potatoes, averred by the plaintiff, and denied by the defendant, to have been sold with an express warranty that the potatoes were “South Jersey Grown Second Crop Cobbler Certified Seed.”

At the trial the question whether or not such warranty was made was submitted to the jury by…