New York Court of Appeals

I. Osgood Carleton, Appellants v. Lombard, Ayres & Company, Respondent

April 7, 1896149 N.Y. 137

Summary

The New York Court of Appeals reversed the lower court and ordered a new trial, holding that a manufacturer who sells refined petroleum under a written contract is subject to an implied warranty that the oil be free of latent defects, that this warranty survives the buyer's inspection and acceptance, and that the judgment from a prior related action is admissible evidence.