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Plimpton v. Brown Bros.

172 A.D. 936 Court N.Y. App. Div. English

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p. 936
John A. Plimpton, Appellant, v. Brown Brothers Company, Respondent.

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.