New York Court of Appeals

William F. Hawkins, Respondent v. Clifford Pemberton, Appellants

September 5, 187251 N.Y. 198

Summary

The New York Court of Appeals reversed the lower court's judgment and remanded for a new trial, holding that the auctioneer's positive representation that the goods were "blue vitriol" constituted a warranty and that the question of whether a breach occurred should have been submitted to the jury.