Charlotte, Columbia & Augusta R.R Co. v. Jesup
The Superior Court of New York City
Demurrer to complaint.
1Opinion of the CourtFreedman, J.
Where a known, defined and described article is actually supplied according to contract, there is not, as a general rule, an implied warranty that it shall answer the particular purpose intended by the buyer, although that may have been communicated to the seller (Chanter agt. Hopkins, 4 M. & W., 393 ; Ollivant agt. Bayley, 5 Q. B., 288.)
It is only where an article is contracted for to be applied to a particular purpose, and in such manner that the buyer necessarily trusts m the judgment or skill of the manufacturer or dealer, and not to his own, that there is an implied term or warranty that…
2Cases cited3 opinions
- Sprague v. BlakeNew York Supreme Court · 1838
- Leavenworth v. PackerNew York Supreme Court · 1867
- Weaver v. WisnerNew York Supreme Court · 1868
3Cited by3 opinions
- Builders' Brick & Supply Co. v. Walsh Transportation Co.Appellate Terms of the Supreme Court of New York · 1919
- Hoe v. SanbornNew York Court of Appeals · 1860
- New York Smelting & Refining Co. v. LiebThe Superior Court of New York City · 1881