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KELLER TAILORS TRIMMINGS CO., INC. v. BURKE RUGBY, INC.

283 A.D. 930 (1954)

Keller Tailors Trimmings Co., Inc., Appellant, v. Burke Rugby, Inc., Respondent

Appellate Division of the Supreme Court of the State of New York, First Department.

May 18, 1954.

Judgment appealed from affirmed.

DORE, J. (dissenting).

The trial court held that whether plaintiff, the buyer, gave notice to defendant, the seller, of the breach of warranty within a reasonable time, was the main issue in the case. The evidence on that issue was conflicting: the buyer claimed that it gave prompt notice in November, 1946; the seller claimed there was no claim of defect in quality until...

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