Lanata v. O'Brien

The plaintiffs sold and agreed to deliver to defendant, on the arrival of the ship Toulon, two parcels of merchandize, consisting severally of 100 barrels of potatoes, and fifty of onions, at a designated price.

The sale was made without any special warranty, and the only question to be decided is, whether when an article of merchandise is sold without any special warranty, the vendor is obliged to deliver it in a merchantable form.

The evidence establishes that defendant purchased the potatoes and onions at $>3 25 per barrel, without any guarantee at all, except as to the number of barrels ;…