Lichtenstein v. Rabolinsky
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Meyer Lichtenstein, from, an order of the Supreme Court, made at the Erie Trial Term and entered in the office of the clerk of the county of Erie on the 17th day of December, 1903, as modified by an order made at the Erie Special Term and entered in said clerk’s office on the 23d day of December, 1903, setting aside the verdict of a jury theretofore rendered in favor of the plaintiff and granting a new trial of the action.
1Opinion of the Court
Spring, J.:
In January, 1900, the defendant sold to plaintiff a carload of busheling scrap. The sale was made by verbal agreement which was subsequently confirmed by a letter from the defendant and a reply by the plaintiff.
The evidence of the plaintiff and his witnesses is that the defendant guaranteed that the goods he sold were “good, clean busheling scrap.” The plaintiff claims that this expression constituted a collateral warranty of quality of the material sold and has sued to recover damages for breach thereof. The court at Trial- Term granted the motion for a new trial on the ground…
2Cases cited5 opinions
- Brigg v. . HiltonNew York Court of Appeals · 1885
- Coplay Iron Co. (Ltd.) v. PopeNew York Court of Appeals · 1888
- Waeber v. . TalbotNew York Court of Appeals · 1901
- Gentilli v. . StaraceNew York Court of Appeals · 1892
- Lichtenstein v. RabolinskyAppellate Division of the Supreme Court of the State of New York · 1902
3Cited by4 opinions
- State v. JohnsonSupreme Court of Kansas · 1966
- Eddington v. DickCity of New York Municipal Court · 1976
- Lumbrazo v. WoodruffAppellate Division of the Supreme Court of the State of New York · 1930
- State v. JohnsonSupreme Court of Kansas · 1966