Plimpton v. Brown Brothers Company

Full title: John A. Plimpton, Appellant, v. Brown Brothers Company, Respondent

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

Date published: Jan 1, 1916

172 App. Div. 936 (N.Y. App. Div. 1916)

Opinion

January, 1916.

Judgment affirmed, with costs. Held, that the clause in the contract providing that "any stock which does not prove to be true to name, as labeled, is to be replaced free, or purchase price refunded, but is not further warranted," limited plaintiff's recovery to the purchase price of said trees. All concurred.