New York Court of Appeals March 3, 1885 (Edwards v. N.Y. H.R.R. Co.)

lead-opinion

There is an implied warranty upon an executory sale of merchandise that the property is in a merchantable condition, and upon the sale of a chattel by the manufacturer thereof, that the chattel is fit and suitable for the purpose for which it was intended and is purchased, and upon the sale of provisions for consumption, that they are wholesome and proper for use as food; but upon