Kelly Asphalt Block Co. v. Barber Asphalt Paving Co.

105 N.E. 88 (1914)

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Kelly Asphalt Block Co. v. Barber Asphalt Paving Co.

New York Court of Appeals
105 N.E. 88 (1914)

RW

Facts

Kelly Asphalt Block Company (Kelly) (plaintiff) ran short of paving blocks. Kelly decided to buy additional blocks from Barber Asphalt Paving Company (Barber) (defendant), but because the two companies were competitors, Kelly doubted that Barber would sell the blocks if Kelly disclosed its identity. Therefore, Kelly sent an agent named Booth to buy the blocks in Booth’s own name. Booth contracted with Barber for the sale of blocks. Barber delivered the blocks to Booth. Kelly subsequently discovered that the blocks were defective and sued Barber for breach of implied warranty. The trial court rejected Barber’s defense that Barber would not have signed Booth’s contract had Barber known that Kelly was the real buyer. An intermediate appellate court affirmed the trial court’s judgment for Kelly. Barber appealed to the New York Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Cardozo, J.)

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