Summary
In Polly v. Arony (172 N.Y.S. 305; affd., 188 A.D. 886) section 96, subdivision 4, is construed, and it is stated: "If the article sold is designated by a particular brand * * * the obligation of the seller is fulfilled if he delivers goods known by that brand although they are not in fact of good quality * * * provided the goods delivered are of merchantable quality."
Summary of this case from Foley v. Liggett Myers Tobacco Co., Inc.Opinion
April, 1919.
Present — Clarke, P.J., Laughlin, Dowling, Page and Merrell, JJ.
Determination modified as directed in order and, as so modified, affirmed, without costs. No opinion.