30 N.Y.S. 228 | New York Court of Common Pleas | 1894
No exceptions to rulings upon the trial were taken by appellant, and the argument for a reversal is based entirely upon the facts. The sole issue was as to whether or not there had been a breach of warranty upon the sale of the typewriting ma: chine in question to the defendant, and the justice’s finding that there was such a breach is to be supported upon the evidence. The sale and delivery of the goods were admitted, and it was upon the affirmative defense noted that trial was had. It appears that in the course of bargaining, after defendant had refused to purchase at the price set by plaintiff, attention was called by the latter’s agent to the fact that the machine was of a certain numerical designation, which imported to the trade and to those parties who were versed in matters pertaining to the construction of typewriting machines a greater value to the machine than would a lesser figure, and this because the machines numbered the higher were the later manufacture, and therefore embodied certain valuable improvements of recent date. Defendant thereupon completed