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SAULPAUGH v. CHISHOLM-RYDER CO., INC.

4 A.D.2d 987 (1957)

Royal Saulpaugh et al., Copartners Doing Business under the Name of V. & R. Saulpaugh, Respondents, v. Chisholm-Ryder Company, Incorporated, Appellant

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

November 15, 1957

Defendant leased an agricultural machine to plaintiffs described as a "mechanical snap bean harvester". The contract of lease contained a warranty that the machine was "able to operate in a mechanically satisfactory manner". In the cause of action based on breach which defendant moved to dismiss on the ground of insufficiency, it is pleaded that the machine leased to plaintiffs did not operate in a mechanically satisfactory manner, but broke and damaged the beans harvested...

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