New York Court of Appeals

Fairbank Canning Company, Respondent v. Seth X. Metzger, Appellant

January 14, 1890118 N.Y. 260

Summary

The Court held that the plaintiff's promise that the beef had not been heated before killing constituted an express warranty, that breach of such a warranty allows the defendants to recover damages despite acceptance of the goods, and that the defendants did not waive their claim; therefore the judgment for the plaintiff was reversed.