J. Aron Company, Inc. v. Sills
Cases that cite this one
7 later published cases cite this decision.
- Great Atlantic & Pacific Tea Co. v. Smith (United States District Court for the Western District of Arkansas 1948)
- Ryan v. Progressive Grocery Stores, Inc. (N.Y. 1931)
- United States v. Hamden Co-Operative Creamery Company, Inc. (2d Cir. 1961)
- Goljatowska v. Fred W Albrecht Co. (Ohio Ct. App. 1934)
- Cohen v. Dugan Bros. (New York Supreme Court 1928)
- Cohen v. Dugan Bros. (New York Supreme Court 1928)
- Abounader v. Strohmeyer & Arpe Co. (Appellate Division of the Supreme Court of New York 1926)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion of the Court
This judgment must be affirmed. Doubtless the purpose for which these goods were required was at least by implication made known to the seller. Whether under the circumstances of this particular purchase any inference is possible that the buyer relied upon the seller’s skill or judgment we deed not decide. For even were the trial court in error as to the existence of an implied warranty that the goods in question were fit for human consumption, bought as they were by description from one who dealt in them, there was a warranty that they were of merchantable quality. If condensed milk is unfit for consumption, clearly it does not comply with this warranty. The seller may not complain if the jury is told that a warranty exists more limited in its scope than in truth is the fact.
His cock, Ch. J., Cardozo, Pound, McLaughlin, Crane, Andrews and Lehman, JJ., concur.
Judgment affirmed, with costs.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.