Niehoff-Schultze Grocer Co. v. Gross

Headnote

Contract — sale — action to recover bach money paid for goods on ground they were not of kind or quality warranted — defense that goods were inspected and accepted when received.

Niehoff~SchuMze Grocer Co. v. Gross, 205 App. Div. 67 , affirmed.

Appeal from a judgment, entered April 20,1923, upon an order of the Appellate Division of the Supreme Court in the first judicial department, reversing a judgment in

favor of plaintiff entered upon a verdict and directing a dismissal of the complaint. The action was to recover back the money paid for 400 bags of beans purchased from the defendants in April, 1917, which beans it was alleged were found upon inspection to be not of the quality or kind warranted by the defendants and not to conform with the United States Food and Drugs Act of June 30, 1906. Defendant contended that the goods were bought on a repeat order, received, inspected and accepted by the buyer on May 3, 1917, retained for more than five months in a hot warehouse without being subjected to analysis, and then finally .analyzed and pronounced unfit for use.