Leiter v. Innis, Speiden & Co.

Appellate Terms of the Supreme Court of New York

Leiter v. Innis, Speiden & Co.

138 N.Y.S. 536

CourtAppellate Terms of the Supreme Court of New York

DecidedDecember 6, 1912

StatusPublished

This text of 138 N.Y.S. 536 (Leiter v. Innis, Speiden & Co.) is published on Counsel Stack Legal Research, covering Appellate Terms of the Supreme Court of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Leiter v. Innis, Speiden & Co., 138 N.Y.S. 536 (N.Y. Ct. App. 1912).

Pincite

Opinion

PER 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 Am. Dec. 428.

Judgment reversed, and new trial ordered, with costs to appellant to abide the event.

PAGE and HOTCHKISS, JJ., concur. LEHMAN, J., concurs in result.

Free access — add to your briefcase to read the full text and ask questions with AI