Carleton v. Lombard, Ayres & Co.
New York Supreme Court
Appeal from circuit court, ¡New York county. Action by I. Osgood Carleton and another against Lombard, Ayres & Company, a corporation, for an alleged breach of contract to deliver plaintiffs a specified quantity and quality of petroleum. From a judgment entered on a verdict directed for plaintiffs, defendant appeals.
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Appeal from circuit court, ¡New York county. Action by I. Osgood Carleton and another against Lombard, Ayres & Company, a corporation, for an alleged breach of contract to deliver plaintiffs a specified quantity and quality of petroleum. From a judgment entered on a verdict directed for plaintiffs, defendant appeals. The plaintiffs are partners under the firm name of Garleton & Moffatt, and the defendant is a domestic corporation engaged in refining petroleum for export, having its refinery at Bayonne, in the state of New Jersey. On the 10th day of January, 1887, the parties entered into a…
1Opinion of the CourtFollett, J.
The plaintiffs concede that the oil delivered by the defendants was of the kind and quality called for by the written contract, and possessed the qualities and sustained the tests required thereby, but they insist that there were latent defects in the article, causing the damages recovered by Graham & Co. They assert that the law implies a warranty by manufacturers that their products are free from latent defects caused by imperfect or unskillful workmanship, which is collateral to the contract of sale. Originally, the word “warranty,” as used in connection with sales, was applied solely to…
2Cases cited4 opinions
- Studer v. . BleisteinNew York Court of Appeals · 1889
- Baldwin v. . Van DeusenNew York Court of Appeals · 1868
- Studer v. BleisteinNew York Supreme Court · 1888
- Pitman v. Tremont Nail Co.Massachusetts Supreme Judicial Court · 1861
3Cited by8 opinions
- J. I. Case Plow Works v. Niles & Scott Co.Wisconsin Supreme Court · 1895
- Fairbanks, Morse & Co. v. BaskettMissouri Court of Appeals · 1903
- Reynolds v. General Electric Co.Court of Appeals for the Eighth Circuit · 1905
- Chiquita Mining Co. v. Fairbanks, Morse & Co.Nevada Supreme Court · 1940
- Tucker v. Traylor Engineering & Manufacturing Co.Court of Appeals for the Tenth Circuit · 1931
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