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Craig Liquors v. Foreign Vintages

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 1950
276 App. Div. 601 (N.Y. App. Div. 1950)

Opinion

April 25, 1950.

Appeal from Supreme Court, New York County, O'BRIEN, J.

Allen Ducker of counsel ( Morris Alprin, attorney), for appellant.

Walter E. Godfrey of counsel ( Godfrey Marx, attorneys), for respondent.


The judgment in this case was awarded to plaintiff as damages for breach of warranty in the sale of a quantity of liquor. Without passing on the merits of the basic claim, it is necessary to direct that a new trial be had on the ground that an incorrect measure of damages was applied.

The true measure of damages in an action for breach of warranty of goods sold in the absence of special circumstances is the difference between the value of the goods at the time of delivery and the value they would have had had they conformed to the warranty. This amounts prima facie to the difference between the contract price and the market price at the time and place of delivery ( Miller v. Patch Mfg. Co., 101 App. Div. 22; Gleason v. Lebolt Co., 223 App. Div. 46; Bond Elec. Corp. v. Gold Seal Elec. Co., 271 N.Y. 461; Personal Property Law, § 150, subd. 7).

The judgment should be reversed and a new trial ordered, with costs to appellant to abide the event.

DORE, J.P., COHN, CALLAHAN, VAN VOORHIS and SHIENTAG, JJ., concur.

Judgment unanimously reversed and a new trial ordered, with costs to the appellant to abide the event.


Summaries of

Craig Liquors v. Foreign Vintages

Appellate Division of the Supreme Court of New York, First Department
Apr 25, 1950
276 App. Div. 601 (N.Y. App. Div. 1950)
Case details for

Craig Liquors v. Foreign Vintages

Case Details

Full title:CRAIG LIQUORS, INC., Respondent, v. FOREIGN VINTAGES, INC., Appellant

Court:Appellate Division of the Supreme Court of New York, First Department

Date published: Apr 25, 1950

Citations

276 App. Div. 601 (N.Y. App. Div. 1950)
96 N.Y.S.2d 553

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