Legal Opinion
Lewitus v. Brown & Seccomb
Appellate Division of the Supreme Court of the State of New York
Decided January 31, 1930PublishedCited by 6 opinions
1Opinion of the CourtMerrell, J.
The defendant is a corporation engaged in the business of conducting a fruit and produce auction house, dealing exclusively in fresh fruits and vegetables. The defendant does not buy or sell merchandise on its own account, but only on commission as auctioneer. Plaintiff in his complaint alleges that on October 3, 1924, he purchased from defendant 1,170 lugs of grapes, and that the defendant expressly warranted, agreed and represented that *147the 1,170 lugs contained Alicante grapes, and that the plaintiff, relying on and believing the alleged representations and warranty, accepted the grapes and…
2Cases cited4 opinions
- Hall v. . LauderdaleNew York Court of Appeals · 1871
- Crocker-Wheeler Electric Co. v. Johns-Pratt Co.Appellate Division of the Supreme Court of the State of New York · 1898
- Hernandez v. Brookdale Mills, Inc.Appellate Division of the Supreme Court of the State of New York · 1920
- Crocker-Wheeler Electric Company v. . Johns-Pratt CompanyNew York Court of Appeals · 1900
3Cited by6 opinions
- Ainger v. Michigan General Corp.District Court, S.D. New York · 1979
- A. Belanger & Sons, Inc. v. United States of America for the Use and Benefit of National U. S. Radiator CorporationCourt of Appeals for the First Circuit · 1960
- CPC International Inc. v. McKesson Corp.New York Supreme Court · 1987
- Clearview Associates, Inc. v. Clearview Gardens First Corp.Appellate Division of the Supreme Court of the State of New York · 1955
- Weisz v. Parke-Bernet Galleries, Inc.Civil Court of the City of New York · 1971
1 more not listed; retrieve them via the Exa API.