Woodworth v. Rice Bros.
New York Supreme Court
Motion for a new trial on the minutes after a verdict by a jury in favor of the plaintiff.
1Opinion of the CourtWheeler, J.
This action is for a breach of an alleged warranty in the sale of some 1,150 peach trees. The plaintiff is a farmer and fruit grower, the defendant the grower of nursery stock. In December, 1908, an agent of defendant sold the plaintiff 750 peach trees of the variety known as “ Elbertas ” and 400 of the variety known as “ Willetts.” The trees were delivered the following May and set out on the plaintiff’s farm. At the end of five years from the setting, when the trees began to bear it was ascertained the trees did not bear “ Elberta ” or “ Willett ” peaches as expected.
At the time of the sale…
2Cases cited2 opinions
- Whipple v. . Brown Brothers Co.New York Court of Appeals · 1919
- Allen v. ToddNew York Supreme Court · 1872
3Cited by8 opinions
- Bulova Watch Co. v. Celotex Corp.New York Court of Appeals · 1979
- Holdridge v. Heyer-Schulte Corp. of Santa BarbaraDistrict Court, N.D. New York · 1977
- Gile v. Sears, Roebuck & Co.Appellate Division of the Supreme Court of the State of New York · 1952
- United States v. Curtiss Aeroplane Co.District Court, S.D. New York · 1943
- Cecala v. Title Guarantee Co.New York Supreme Court · 1965
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