SHAMPINE v. FLEMING


280 A.D. 558 (1952)

Leon Shampine, Respondent, v. Derwood Fleming, Doing Business as Fleming Motor Sales, Appellant

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

September 26, 1952.


Attorney(s) appearing for the Case

Arthur B. Hart for appellant.

Allan L. Gurley for respondent.

FOSTER, P. J., BREWSTER and COON, JJ., concur; HEFFERNAN, J., taking no part.


BERGAN, J.

The action is for breach of warranty on the sale to plaintiff by defendant of a "Rototiller Tractor", which is a light, gasoline-powered machine used for plowing, harrowing, cutting and other similar work. The complaint pleads that plaintiff bought the machine in July, 1948, "for light ploughing and other uses" and that at the time of purchase plaintiff made known to defendant "the particular purposes...

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