Hoe v. . Sanborn
New York Court of Appeals
Appeal from, the Supreme Court. The complaint was upon a promissory note for $467.88, payable to the plaintiffs, at the Washington County Bank, five months from date. •The defendant, in his answer, alleged that, in 1855, he pur chased of the plaintiffs a quantity of circular saws, for toe purchase price of which the note set forth in the complaint was given; that, at the time of the purchase, the plaintiffs “warranted said saws to be good saws, and of good quality,’’' and he…
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Appeal from, the Supreme Court. The complaint was upon a promissory note for $467.88, payable to the plaintiffs, at the Washington County Bank, five months from date. •The defendant, in his answer, alleged that, in 1855, he pur chased of the plaintiffs a quantity of circular saws, for toe purchase price of which the note set forth in the complaint was given; that, at the time of the purchase, the plaintiffs “warranted said saws to be good saws, and of good quality,’’' and he averred that the saws were “ not good saws, or of good quality,’’ and that said saws were “ of no value.’* The reply…
1Opinion of the Court
Selden", J.
If, to sustain the defence in this case, it was necessary to show that the plaintiffs had agreed to manufacture these saws for a specific purpose, and that when tried one or more of them proved not to be adapted to or useful for that purpose, then the rulings of the judge upon the trial may have been right. Such a contract would be entirely different from an ordinary sale, with a general warranty of quality, and would require to be specially stated. But, on the other hand, if upon every sale of a manufactured article by the manufacturer himself, there is an implied warranty that…
2Cases cited2 opinions
- Moses v. MeadCourt for the Trial of Impeachments and Correction of Errors · 1845
- Van Bracklin v. FondaNew York Supreme Court · 1815
3Cited by100 opinions
- Seitz v. Brewers' Refrigerating MacHine Co.Supreme Court of the United States · 1891
- Kellogg Bridge Co. v. HamiltonSupreme Court of the United States · 1884
- White v. . MillerNew York Court of Appeals · 1877
- Ryan v. Progressive Grocery Stores, Inc.New York Court of Appeals · 1931
- Waggoner v. Midwestern Development, Inc.South Dakota Supreme Court · 1967
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