# Wilson Trading Corp. v. David Ferguson, Ltd.

> New York Court of Appeals · December 12, 1968 · 23 N.Y.2d 398

URL: https://www.frixlaw.com/law-library/cases/5524538

## Case

- **Full name:** Wilson Trading Corporation v. David Ferguson, Ltd.
- **Court:** New York Court of Appeals
- **Decided:** December 12, 1968
- **Citations:** 23 N.Y.2d 398; 297 N.Y.S.2d 108; 244 N.E.2d 685; 1968 N.Y. LEXIS 924
- **Precedential status:** Published
- **Opinion:** Concurrence by Fuld
- **Judges:** Fuld, Jasejst
- **Cited by:** 93 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/5524538

## How later opinions describe it (automated extraction)

- finding limited remedy inadequate under § 2-719(2) where defect in yarn not discoverable until after time limitation of sales contract expired
- finding ten-day notice period to be unreasonable

## Opinion text

Chief Judge Fuld (concurring).
I agree that there should be a reversal — but on the sole ground that a substantial question of fact has been raised as to whether the clause limiting the time in which to make a claim is ‘1 manifestly unreasonable ’ ’ (Uniform Commercial Code, § 1-204) as applied tó the type of defect here complained of. In this view, it is not necessary to consider the relevancy, if any, of other provisions of the Uniform Commercial Code (e.g., §§ 2-302, 2-316, 2-719), dealing with “ unconscionable ” contracts or clauses, exclusion of implied warranties or limitations on damages.
Judges Burke, Scileppi, Bergan, Keating and Breitel concur with Judge Jasen; Chief Judge Fuld concurs in result in a separate opinion.
Order reversed, with costs, and case remitted to Special Term for further proceedings in accordance with the opinion herein.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/5524538. Public record. Not legal advice.