Wilmerding v. Strouse
Appellate Terms of the Supreme Court of New York
Appeal from Municipal Court, Borough of Manhattan, Ninth District. Action by J. Currie Wilmerding and others against Rose Strouse and others. Brom a judgment for plaintiffs, defendants appeal.
1Opinion of the CourtMacEEAN, J.
Admitting the receipt of 3,531% yards of cambric delivered, and their agreement to pay 8 cents a yard therefor, the defendants interposed a defense, to the plaintiff’s action for the price of the goocls sold and delivered of sale by sample, that the goods were imperfect and did not correspond with the sample, an offer to pay less $37.97 because of imperfection, and a demand for judgment- dismissing the complaint. In ordinary cases, without warranty, retention of goods waives right to claim for imperfection, and, although the plaintiffs offered' a certain allowance therefor, this the…
2Cases cited2 opinions
- First National Bank v. SlatteryAppellate Division of the Supreme Court of the State of New York · 1896
- Pratt & Whitney Co. v. American Pneumatic Tool Co.Appellate Division of the Supreme Court of the State of New York · 1900