J. Aron & Co. v. Sills
| Decision Date | 31 March 1925 |
| Parties | J. ARON & CO., Inc., v. SILLS et al. |
| Court | New York Court of Appeals Court of Appeals |
OPINION TEXT STARTS HERE
Action by J. Aron & Co., Inc., against Howard L. Sills and another. Judgment for plaintiff, entered on a verdict, was affirmed by the Appellate Division (211 App. Div. 21, 206 N. Y. S. 695), and defendants appeal.
Affirmed.
See, also, 205 App. Div. 358, 199 N. Y. S. 436.
Appeal from Supreme Court, Appellate Division, First department.
Isaac N. Mills, of Mt. Vernon, and George Ryall, of New York City, for appellants.
B. F. Norris, of New York City, for respondent.
[1][2] This judgment must be affirmed. Doubtless the purpose for which these goods were required was at least by implication made known to the seller. Whether under the circumstances of this particular purchase any inference is possible that the buyer relied upon the seller's skill or judgment we need not decide. For even were the trial court in error as to the existence of an implied warranty that the goods in question were fit for human consumption, bought as they were by description from one who dealt in them, there was a warranty that they were of merchantable quality. If condensed milk is unfit for consumption, clearly it does not comply with this warranty. The seller may not complain if the jury is told that a warranty exists more limited in its scope than in truth is the fact.
Judgment affirmed, with costs.
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Ryan v. Progressive Grocery Stores, Inc.
...is thus possible for foodstuffs as for anything else. Both in this court and in others the possibility is recognized. Aron & Co. v. Sills, 240 N. Y. 588, 589, 148 N. E. 717, was an action for breach of warranty by retailer against wholesaler upon a sale of condensed milk. At the Appellate D......
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Great Atlantic & Pacific Tea Co. v. Smith
...is thus possible for foodstuffs as for anything else. Both in this court and in others the possibility is recognized. Aron & Co. v. Sills, 240 N.Y. 588, 589, 148 N.E. 717, was an action for breach of warranty by retailer against wholesaler upon a sale of condensed milk. At the Appellate Div......
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United States v. Hamden Co-operative Creamery Co.
...of its liability under its warranties. See N. Y. Personal Property Law, § 96 (3), Uniform Sales Act, § 15(3); J. Aron & Co. v. Sills, 240 N.Y. 588, 148 N.E. 717 (1925); Rinaldi v. Mohican Co., 225 N.Y. 70, 121 N.E. 471 (1918); Liberman v. Sheffield Farms-Slawson-Decker Co., 117 Misc. 531, 1......