New York Court of Appeals

Peter R. Reed and Others v. . Isaac Randall.

March 5, 186429 N.Y. 358

Summary

The New York Court of Appeals affirmed the lower court's dismissal, holding that the plaintiffs waived any remedy for the alleged defect in the tobacco by accepting and retaining it without timely notice to the vendor. The dissent argued that an express warranty survived acceptance and should allow recovery.