Legal Opinion

MacDougal v. Birdie Co.

Appellate Division of the Supreme Court of the State of New York

Decided December 27, 1963PublishedCited by 5 opinions

1Per curiam

The plaintiffs appeal from judgments and orders which granted the motion of the defendant Arnold Palmer for a dismissal of the complaints for failure of proof at the end of the plaintiffs’ case.

The defendants, Birdie Co., Inc., and Arnold Palmer Golf Cart Company, Inc., which replaced the Birdie Co., Inc., being insolvent, the plaintiffs seek to hold Arnold Palmer personally liable for the price of the golf cars.

The plaintiffs’ actions in contract are premised on a breach of warranty on the sale of a “ Birdie golf car ’’which the defendants allegedly represented “ could be driven under the…

2Cases cited5 opinions

  1. Hall v. . LauderdaleNew York Court of Appeals · 1871
  2. Dahlstrom v. . GemunderNew York Court of Appeals · 1910
  3. Keskal v. ModrakowskiNew York Court of Appeals · 1928
  4. Voss v. John Lowry, Inc.New York Court of Appeals · 1929
  5. Voss v. Lowry Inc.Appellate Division of the Supreme Court of the State of New York · 1929

3Cited by5 opinions

  1. New York Ass'n for Retarded Children, Inc. v. KeatorAppellate Division of the Supreme Court of the State of New York · 1993
  2. Ingram v. LupoMissouri Court of Appeals · 1987
  3. England Strohl/Denigris, Inc. v. WeinerDistrict Court, S.D. New York · 1982
  4. New York Times Co. v. Glynn-Palmer Associates, Inc.Civil Court of the City of New York · 1988
  5. Lodato v. Greyhawk North AmericaNew York Supreme Court · 2005

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