McQuade v. Newman

Appellate Terms of the Supreme Court of New York

McQuade v. Newman

88 N.Y.S. 363

Appellate Terms of the Supreme Court of New York·Decided May 19, 1904·Published

Opinion

PER CURIAM.

This action was brought to recover damages for breach of warranty upon the sale of a horse. The only testimony given upon the measure of damages was the difference between what the plaintiff paid for the animal and the sum for which it was subsequently sold, whether at public or private sale does not) clearly appear.

The measure of damages in cases of a breach of warranty is the difference between the value of the article at the time of the sale, if it had corresponded with the warranty, and its value with the defect complained of. Muller v. Eno, 14 N. Y. 597. This rule not being followed, the judgment must be reversed.

Judgment reversed. ' New trial ordered, with costs to the appellant to abide the event.

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

PER CURIAM.

This action was brought to recover damages for breach of warranty upon the sale of a horse. The only testimony given upon the measure of damages was the difference between what the plaintiff paid for the animal and the sum for which it was subsequently sold, whether at public or private sale does not) clearly appear.

The measure of damages in cases of a breach of warranty is the difference between the value of the article at the time of the sale, if it had corresponded with the warranty, and its value with the defect complained of. Muller v. Eno, 14 N. Y. 597. This rule not being followed, the judgment must be reversed.

Judgment reversed. ' New trial ordered, with costs to the appellant to abide the event.

McQuade v. Newman, 88 N.Y.S. 363 (N.Y. Ct. App. 1904).

Pincite

88 N.Y.S. 363 (McQuade v. Newman) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related