Marshall v. Perry
Supreme Judicial Court of Maine
On exceptions, from the superior court. Assumpsit, for the price of a quantity of butter, $170.96. The amount and price of the butter were admitted as alleged in the writ. The defendants claimed that the butter was warranted to be of a certain quality, and that a portion of it was not of that quality, and claimed a reduction in the price on that account.
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On exceptions, from the superior court. Assumpsit, for the price of a quantity of butter, $170.96. The amount and price of the butter were admitted as alleged in the writ. The defendants claimed that the butter was warranted to be of a certain quality, and that a portion of it was not of that quality, and claimed a reduction in the price on that account. Upon the question of the terms of the warranty, testimony was conflicting; but the plaintiff claimed that by the contract of sale, and also under the custom of the trade in Portland, if there were a warranty and a breach of it, the defendant…
1Opinion of the CourtLebbey, J.
This was assumpsit for the price of a quantity of *81butter, sold by plaintiff to defendants. The defendants claimed that plaintiff warranted the butter to be of a certain quality, and that a portion of it was not of that quality, and claimed a deduction from tlie price on account of the breach of the warranty.
The plaintiff claimed that if there was a warranty and a breach of it, under the usage of the trade in Portland, where tlie sale was made, tlie defendants were bound to return the goods, or give notice of the breach of the warranty, within a reasonable time after receiving the goods, or…
2Cases cited9 opinions
- Barnard v. KelloggSupreme Court of the United States · 1871
- Walls v. . BaileyNew York Court of Appeals · 1872
- Brown v. FosterMassachusetts Supreme Judicial Court · 1873
- Haskins v. WarrenMassachusetts Supreme Judicial Court · 1874
- Collender v. . DinsmoreNew York Court of Appeals · 1873
4 more not listed; retrieve them via the Exa API.
3Cited by4 opinions
- Miller v. WigginsSupreme Court of Pennsylvania · 1910
- Everett v. RandSupreme Judicial Court of Maine · 1957
- Jarrett v. J. Staum & Sons Co.Court of Appeals of Maryland · 1921
- Minnesota Thresher Manufacturing Co. v. HansonNorth Dakota Supreme Court · 1892