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KELLER TAILORS TRIMMINGS CO. v. BURKE RUGBY, INC.

308 N.Y. 441 (1955)

Keller Tailors Trimmings Co., Inc., Appellant, v. Burke Rugby, Inc., Respondent.

Court of Appeals of the State of New York.

Decided April 21, 1955

Attorney(s) appearing for the Case

Daniel M. Shientag and Milton D. Goldman for appellant.

Marcus J. Friedman and Jacob M. Kornfeld for respondent.

CONWAY, Ch. J., DESMOND, DYE, FULD, FROESSEL and BURKE, JJ., concur.

VAN VOORHIS, J.

The complaint has been dismissed after a trial by the court sitting without a jury, in an action brought by a purchaser for breach of warranty of quality in the sale of linen cloth. Judgment has been entered in favor of the defendant-seller upon the ground that neither notice of defects in the goods nor any offer to rescind the sale was presented to the seller within a reasonable time after the...

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