Prentice v. Fargo
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, William W. Prentice, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Wyoming on the 12tli day of September, 1899, upon the verdict of a jury.
1Opinion of the Court
Laughlin, J.:
This is an action for damages on account of a breach of warranty in the sale of seed wheat. - It appeared by uucontroverted testimony that the defendant raised the wheat and sold it to plaintiff for seed grain. The evidence presented on the part of the plaintiff tended to show that the grain became wet while being harvested, which caused it to heat and rendered it unreliable and unsuitable for seeding, all of which was known to defendant. This was controverted by defendant and presented questions of fact for the jury. The trial court instructed the jury that no recovery could be…
2Cases cited5 opinions
- White v. . MillerNew York Court of Appeals · 1877
- Hoe v. . SanbornNew York Court of Appeals · 1860
- Carleton v. . Lombard, Ayres Co.New York Court of Appeals · 1896
- Reynolds v. Mayor, Lane & Co.Appellate Division of the Supreme Court of the State of New York · 1899
- Osborn v. American Ink Co.Appellate Terms of the Supreme Court of New York · 1899
3Cited by6 opinions
- Morris Run Coal Co. v. Carthage Sulphite Pulp & Paper Co.Appellate Division of the Supreme Court of the State of New York · 1924
- Rockwood & Co. v. Parrott & Co.Oregon Supreme Court · 1933
- Barrientos v. SulitLong Beach City Court · 1986
- Coleman v. Simpson, Hendee & Co.Appellate Division of the Supreme Court of the State of New York · 1914
- Hamburger v. GoldsteinAppellate Division of the Supreme Court of the State of New York · 1915
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