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.