FRANK, Circuit Judge.
There was an implied warranty of quality, which included the condition of the cartons, since both parties knew that the eggs were to be resold in cartons by plaintiffs. The warranty was that they would be merchantable when delivered to the buyer. This occurred on October 13, 1943, when the warehouseman first separated the eggs allocated to plaintiffs by issuing a warehouse receipt to them. New York Personal Property Law, § 100, Rule 4, clause...
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