Wasatch Orchard Co. v. Morgan Canning Co.
Utah Supreme Court
Appeal from District Court, Second. District; J. A. Howell, Judge. Action by the Wasatch Orchard Company against the Morgan Canning Company. From a judgment denying plaintiff relief on a counterclaim, it appeals. appellant's points. Upon the second point, where goods are sold for a particular purpose known to the parties, it is elementary that there is an implied warranty of the fitness of the goods for the particular use designated.
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Appeal from District Court, Second. District; J. A. Howell, Judge. Action by the Wasatch Orchard Company against the Morgan Canning Company. From a judgment denying plaintiff relief on a counterclaim, it appeals. appellant's points. Upon the second point, where goods are sold for a particular purpose known to the parties, it is elementary that there is an implied warranty of the fitness of the goods for the particular use designated. (2 Mechem, Sales, sec. 1343, 1344.) If damages result from the use of such articles, the seller is liable for the same. (Poland v. Miller, 95 Ind. 387; Best v.…
1Opinion of the CourtStraup, J.
This action was brought to recover an alleged balance of $225 for goods and wares sold and delivered to the defendant by the plaintiff. The allegations of the complaint were admitted in the answer, and by counterclaim it was alleged that during the year 1904 the plaintiff sold and delivered, to the defendant over two hundred-thousand cans guaranteed by-plaintiff to be suitable for canning peas, to be made of standard material and properly soldered so as to. withstand the pressure and requirements when filled with peas, according to the *231usual course and practice of canneries, and to be…
2Cases cited10 opinions
- Underwood v. WolfIllinois Supreme Court · 1890
- Fahey v. Esterley Machine Co.North Dakota Supreme Court · 1893
- Blackmore v. Fairbanks, Morse & Co.Supreme Court of Iowa · 1890
- Bucy v. Pitts Agricultural WorksSupreme Court of Iowa · 1893
- James H. Love & Co. v. RossSupreme Court of Iowa · 1893
5 more not listed; retrieve them via the Exa API.
3Cited by11 opinions
- Kansas City Wholesale Grocery Co. v. Weber Packing Corp.Utah Supreme Court · 1937
- Stark v. GeorgeTexas Commission of Appeals · 1923
- Consolidated Wagon & Machine Co. v. BarbenUtah Supreme Court · 1915
- J. I. Case Threshing Machine Co. v. BadgerIndiana Court of Appeals · 1914
- West Texas Utilities Co. v. HuberCourt of Appeals of Texas · 1956
6 more not listed; retrieve them via the Exa API.