Empire Cream Separator Co. v. Quinn
Appellate Division of the Supreme Court of the State of New York
Appeal by the plaintiff, Empire Cream Separator Company, from a judgment of the Supreme Court in favor of the defendant, entered in the office of the clerk of the county of Oneida on the 7th day of February, 1917, upon the verdict of a jury, and also from an order entered in said clerk’s office on or about the 16th day of January, 1917, denying plaintiff’s motion for a new trial made upon the minutes.
1Opinion of the Court
Foote, J.:
Defendant, a farmer, purchased of plaintiff, the manufacturer, a mechanical cow-milking apparatus consisting of one No. 2 pumping outfit and three single mechanical milker units with fifty-pound pails, for $320. These were shipped by plaintiff from its factory in Bloomfield, N. J., and received by defendant at his farm and installed and put into use by *303defendant in milking his dairy of twenty cows. It proved unsatisfactory to defendant after a trial of about ten days, whereupon, after considerable correspondence, defendant notified plaintiff that he would refuse to keep and pay for…
2Cases cited3 opinions
- Howard & Ryckman v. HoeyNew York Supreme Court · 1840
- Springfield Shingle Co. v. Edgecomb Mill Co.Washington Supreme Court · 1909
- La Crosse Plow Co. v. BrooksWisconsin Supreme Court · 1910
3Cited by7 opinions
- Bareham & McFarland, Inc. v. KaneAppellate Division of the Supreme Court of the State of New York · 1930
- Foley v. Liggett & Myers Tobacco Co.Appellate Terms of the Supreme Court of New York · 1930
- Iron Fireman Coal Stoker Co. v. BrownSupreme Court of Minnesota · 1931
- Schwartz v. Macrose Lumber & Trim Co.New York Supreme Court · 1966
- Martin's Fork Coal Co. v. Harlan-Wallins Coal Corp.District Court, E.D. Kentucky · 1934
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