JESSEL v. LOCKWOOD TEXTILE CORP.


276 A.D. 378 (1950)

Joseph D. Jessel et al., Copartners Doing Business under the Name of Jessel & Di Iuglio, Appellants, v. Lockwood Textile Corp., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

February 14, 1950.


Attorney(s) appearing for the Case

Milton S. Marks of counsel (Conrad Lipton, attorney), for respondent.

Jacob Friedberg for appellants.

PECK, P. J., GLENNON, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.


Per Curiam.

The plaintiffs bring this action to recover damages for breach of warranty arising out of a contract for the sale of goods. It is claimed that the goods were not washable, preshrunk and fast color as expressly warranted by the defendant. The complaint further alleges that the defective condition of the goods was not discovered or discoverable until subsequent to manufacture into finished shirts.

The sales contract in this case provided,...

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