Legal Opinion
M. S. & J. A. Workman, Inc. v. Lincoln
Appellate Division of the Supreme Court of the State of New York
Decided June 3, 1927PublishedCited by 2 opinions
1Opinion of the CourtProskauer, J.
Defendants, as agents for a foreign principal, contracted to sell furs to the plaintiff. In consideration of the making of the contract they orally warranted that the goods delivered by their principal would conform with the contract. The complaint has been dismissed on the ground that the promise was within the Statute of Frauds.
The appellant here rests on the authority of Dahlstrom v. Gemunder (198 N. Y. 449). There the defendant, as agent for a principal, sold a violin and orally warranted that it was a Stradivarius. The plaintiff had sued the principal and compromised *671with him. The Court…
2Cases cited4 opinions
- Dahlstrom v. . GemunderNew York Court of Appeals · 1910
- Richardson Press v. . AlbrightNew York Court of Appeals · 1918
- Carson Petroleum Co. v. Union Commerciale Des PetrolesAppellate Division of the Supreme Court of the State of New York · 1926
- Carson Petroleum Co. v. Union Commercials Des PetrolesNew York Court of Appeals · 1926
3Cited by2 opinions
- Savoy Record Co. v. Cardinal Export Corp.New York Court of Appeals · 1964
- Savoy Record Co. v. Cardinal Export Corp.New York Court of Appeals · 1964