Malsby v. Jackson & Tindle, Inc.

Appellate Division of the Supreme Court of New York

Malsby v. Jackson & Tindle, Inc.

256 A.D. 887, 9 N.Y.S.2d 25, 1939 N.Y. App. Div. LEXIS 5241

CourtAppellate Division of the Supreme Court of the State of New York

DecidedJanuary 5, 1939

StatusPublished

This text of 256 A.D. 887 (Malsby v. Jackson & Tindle, Inc.) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Malsby v. Jackson & Tindle, Inc., 256 A.D. 887, 9 N.Y.S.2d 25, 1939 N.Y. App. Div. LEXIS 5241 (N.Y. Ct. App. 1939).

Pincite

Opinion

Judgment affirmed, with costs. Memorandum: We agree with the conclusion reached by the Special Term that the trial court erroneously refused to instruct the jury that defendant expressly warranted that the cylinder or discs of the machine which defendant sold to plaintiff were made of cast steel and not semi-steel. All concur. (The judgment reverses a judgment of the Buffalo City Court and grants a new trial in an action for breach of warranty.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ,

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Judgment affirmed, with costs. Memorandum: We agree with the conclusion reached by the Special Term that the trial court erroneously refused to instruct the jury that defendant expressly warranted that the cylinder or discs of the machine which defendant sold to plaintiff were made of cast steel and not semi-steel. All concur. (The judgment reverses a judgment of the Buffalo City Court and grants a new trial in an action for breach of warranty.) Present — Sears, P. J., Crosby, Lewis, Taylor and Dowling, JJ,

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Bluebook (online)

256 A.D. 887, 9 N.Y.S.2d 25, 1939 N.Y. App. Div. LEXIS 5241, Counsel Stack Legal Research, https://law.counselstack.com/opinion/malsby-v-jackson-tindle-inc-nyappdiv-1939.