Plimpton v. Brown Bros.

156 N.Y.S. 1141 Court N.Y. App. Div. Decision date 1916-01-22 English

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p. 1141

John A. PLIMPTON, applt., v. BROWN BROTHERS COMPANY, respt.

(Supreme Court, Appellate Division, Fourth Department.

January 22, 1916.)

Judgment affirmed with costs. Held: That the clause in the contract providing that “any stock which did not prove true to name as labeled was 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 concur.