B. M. Heede, Inc. v. Roberts
New York Court of Appeals
1Opinion of the CourtLewis, J.
This action, for breach of an implied warranty in a sale by description, arose as a result of the purchase by the plaintiff from the defendants of 80,000 pounds of a chemical known as dibutyl phthalate. In the litigation which followed the plaintiff has thus far successfully maintained that the material delivered under the contract in suit did not meet the commercial standard for dibutyl phthalate whereas, as plaintiff claims, the defendants had warranted that it would meet the test of commercial standards in all respects except for color.
The case is here upon the defendants’ appeal by our…
2Cases cited6 opinions
- Newhall v. . AppletonNew York Court of Appeals · 1889
- Underwood v. . Greenwich Ins. Co.New York Court of Appeals · 1900
- Oswego Falls Pulp & Paper Co. v. Stecher Lithographic Co.New York Court of Appeals · 1915
- Atkinson v. . TruesdellNew York Court of Appeals · 1891
- Mutual Chemical Co. of America v. Marden, Orth & Hastings Co.New York Court of Appeals · 1923
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3Cited by10 opinions
- Russell v. BooksNew York Supreme Court · 1959
- Marine Midland Grace Trust Co. of New York v. Banco Del Pais, S. A.District Court, S.D. New York · 1966
- Federal Express Corporation v. Pan American World Airways, Inc.Court of Appeals for the Eighth Circuit · 1980
- Dodge v. RichmondAppellate Division of the Supreme Court of the State of New York · 1960
- Valley National Bank of Long Island v. Babylon Chrysler-Plymouth, Inc.New York Supreme Court · 1967
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