The Sale of Goods in New York : a Commentary Upon the Sales Act of 1911 And Related Statutes

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Curiously enough the New York courts have in effect discussed this section, for in Howard Iron Works v. Buf- falo Elevating Co., 113 App. Div. 562, 99 N. Y. S. 163, affirmed without opinion 188 N. Y. 619, 81 N. E. 1166, the Appellate Division in the Fourth Department referred to the corresponding section of the English act, which is practically identical, and state (p. 580) : "So far as this English statute goes, it does not seem, as said by Justice Williams, to have altered to any great extent
... the rules of the common law, but has codified them so far as such a Digitized by Microsoft® 70 BOGERT'S NEW YORK SALES ACT.
§ 96. Implied Warranties of Quality.
codification is possible, and has abolished the distinction between the manufacturer and a seller not a manufacturer, under certain circumstances, which at common law really placed them upon the same footing." "This section follows section 14 of the English Act. As originally drafted sub-section (1) was limited to the case where the seller was the grower or manufacturer, in con- formity with the probable weight of authority.


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