Leiter v. Innis, Speiden & Co.
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, First District. Action by Isaac H. Leiter, doing business as the National Sanitary Flooring & Roofing Company, against Innis, Speiden & Co. From a judgment for plaintiff, defendants appeal. Reversed, and new trial ordered.
1Per curiam
[1] The sale was not one by description. There was no express warranty. The case is one of implied warranty of quality. It was plaintiff’s duty to test the goods before using them, and to reject them if found unmerchantable. Sales of Goods Act (Laws 1911, ch. 571) § 96; Ferguson v. Netter, 204 N. Y. 505, 98 N. E. 16; Howard Iron Works v. Buffalo Elevating Co., 113 App. Div. 562, 99 N. Y. Supp. 163.
[2] The fact that defendant knew the purpose for which the goods were to be used, does not imply a warranty of fitness; defendant not being the manufacturer. Bartlett v. Hoppock, 34 N. Y. 118, 88…
2Cases cited4 opinions
- Bartlett v. . HoppockNew York Court of Appeals · 1865
- Howard Iron Works v. Buffalo Elevating Co.Appellate Division of the Supreme Court of the State of New York · 1906
- Ferguson v. . NetterNew York Court of Appeals · 1912
- Howard Iron Works v. Buffalo Elevating Co.Appellate Division of the Supreme Court of the State of New York · 1906