Legal Opinion

The Dutchess Company v. . Harding

New York Court of Appeals

Decided April 30, 1872PublishedCited by 24 opinions

Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict; also, affirming' an order denying a new trial. The action was brought for an alleged breach of contract in the sale of a quantity of sumac. Defendant contracted to sell and deliver to plaintiff 1,400 bags of sumac (Triangle B, sumac), “ quality to be like sample in every respect.”

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Appeal from judgment of the General Term of the Supreme Court in the second judicial department, affirming a judgment in favor of plaintiff entered upon a verdict; also, affirming' an order denying a new trial. The action was brought for an alleged breach of contract in the sale of a quantity of sumac. Defendant contracted to sell and deliver to plaintiff 1,400 bags of sumac (Triangle B, sumac), “ quality to be like sample in every respect.” Defendant caused this brand to be put upon bags containing another, and, as the proof tended tó show, inferior quality; some ten or twelve bags were…

1Opinion of the Court

Church, Ch. J.

The learned judge who tried this case at the circuit ruled that the contract for the sale and purchase of the sumac was executory, that there was no warranty, express or implied, and that the acceptance of the delivery of the merchandise after an examination, or an opportunity for examination, was conclusive upon the plaintiffs of an assent upon their part that the property was of the quality contracted for, and in the absence of fraud prevented any claim by them on account of its inferior quality. It is unnecessary, therefore, to review this ruling, as this construction of the…

2Cases cited2 opinions

  1. Reed v. . RandallNew York Court of Appeals · 1864
  2. McCormick v. . SarsonNew York Court of Appeals · 1871

3Cited by24 opinions

  1. Brigg v. . HiltonNew York Court of Appeals · 1885
  2. Studer v. . BleisteinNew York Court of Appeals · 1889
  3. Cadwell v. HigginbothamNew Mexico Supreme Court · 1915
  4. Parker v. Fenwick.Supreme Court of North Carolina · 1905
  5. Waeber v. . TalbotNew York Court of Appeals · 1901

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