American Writing Mach. Co. v. Bushnell
New York Court of Common Pleas
Appeal from first district court. Action by the American Writing Machine Company against Elbert E. Bushnell for goods sold and delivered. A judgment in favor of defendant was rendered by the justice without a jury, and plaintiff appeals. Affirmed.
1Opinion of the CourtBischoff, J.
No exceptions to rulings upon the trial were taken by appellant, and the argument for a reversal is based entirely upon the facts. The sole issue was as to whether or not there had been a breach of warranty upon the sale of the typewriting ma: chine in question to the defendant, and the justice’s finding that there was such a breach is to be supported upon the evidence. The sale and delivery of the goods were admitted, and it was upon the affirmative defense noted that trial was had. It appears that in the course of bargaining, after defendant had refused to purchase at the price set by…
2Cases cited7 opinions
- Crane v. . PowellNew York Court of Appeals · 1893
- Hawkins v. . PembertonNew York Court of Appeals · 1872
- Norton v. . DreyfussNew York Court of Appeals · 1887
- Chapman v. MurchNew York Supreme Court · 1822
- Rogers v. AckermanNew York Supreme Court · 1856
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